Progressive Colorado Auto Policy — Restated Reference
A public-reference version of a sample Progressive Colorado auto policy form, reformatted into the VictimsGuide.com design while preserving detailed policy language and linking readers to Colorado authorities.
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Colorado Auto Policy
Sample Progressive Form 9611D CO (12/14)
Source note: This page restates a sample Progressive Colorado auto policy form for public education and policy-literacy purposes. The form language below should be compared against the actual policy, declarations page, and endorsements issued in any live claim.
Important Notice — Named Non-Owner Coverage
IMPORTANT NOTICE: If you have no vehicles listed on this policy and you have only purchased Named Non-Owner Coverage, then for purposes of coverage under Part I — Liability To Others:
The insurer is only liable under the policy for liability or damages incurred by the insured while the named insured is the operator of a motor vehicle or while a motor vehicle owned by the insured is not being operated by any person;
The policy does not provide coverage for any vicarious liability imposed on the owner of the motor vehicle as a result of the operation by another person of a motor vehicle owned by the insured that is insured under an operator’s policy of liability insurance; and
The coverage provided by the policy may not meet the requirements of the mandatory motor vehicle insurance or financial responsibility laws of other states.
Form 9611D CO (12/14), version 2.0.
Restated Policy Text
Colorado Auto Policy
Insuring Agreement
In return for your payment of the premium, we agree to insure you subject to all the terms, conditions and limitations of this policy.
We will insure you for the coverages and the limits of liability shown on this policy’s declarations page.
Your policy consists of the policy contract, your insurance application, the declarations page, and all endorsements to this policy.
General Definitions
The following definitions apply throughout the policy. Defined terms are printed in boldface type and have the same meaning whether in the singular, plural, or any other form.
“Additional auto” means an auto you become the owner of during the policy period that does not permanently replace an auto shown on the declarations page if:
we insure all other autos you own;
the additional auto is not covered by any other insurance policy;
you notify us within 30 days of becoming the owner of the additional auto; and
you pay any additional premium due.
An additional auto will have the broadest coverage we provide for any auto shown on the declarations page.
If you ask us to insure an additional auto more than 30 days after you become the owner, any coverage we provide will begin at the time you request coverage.
“Auto” means a land motor vehicle:
of the private passenger, pickup body, or cargo van type;
designed for operation principally upon public roads;
with at least four wheels; and
with a gross vehicle weight rating of 12,000 pounds or less, according to the manufacturer’s specifications.
However, “auto” does not include step-vans, parcel delivery vans, cargo cutaway vans, or other vans with cabs separate from the cargo area.
“Auto business” means the business of selling, leasing, repairing, parking, storing, servicing, delivering or testing vehicles.
“Bodily injury” means bodily harm, sickness, or disease, including death that results from bodily harm, sickness, or disease.
“Covered auto” means:
any auto or trailer shown on the declarations page for the coverages applicable to that auto or trailer;
any additional auto;
any replacement auto; or
a trailer owned by you.
“Declarations page” means the document showing your coverages, limits of liability, covered autos, premium, and other policy-related information.
The declarations page may also be referred to as the Auto Insurance Coverage Summary.
“Occupying” means in, on, entering or exiting.
“Personal vehicle sharing program” means a system or process, operated by a business, organization, network, group, or individual, that facilitates the sharing of private passenger motor vehicles for use by individuals, businesses, or other entities.
“Rated resident” means a person residing in the same household as you at the time of the loss who is not a relative, but only if that person is both:
listed in the “Drivers and household residents” section on the declarations page; and
not designated as either an “Excluded” or a “List Only” driver.
“Relative” means a person residing in the same household as you, and related to you by blood, marriage, civil union pursuant to state law, or adoption, and includes a ward, stepchild, or foster child.
Your unmarried dependent children temporarily away from home will qualify as a relative if they intend to continue to reside in your household.
“Replacement auto” means an auto that permanently replaces an auto shown on the declarations page.
A replacement auto will have the same coverage as the auto it replaces if the replacement auto is not covered by any other insurance policy.
However, if the auto being replaced had coverage under Part IV — Damage To A Vehicle, such coverage will apply to the replacement auto only during the first 30 days after you become the owner unless you notify us within that 30-day period that you want us to extend coverage beyond the initial 30 days.
If the auto being replaced did not have coverage under Part IV — Damage To A Vehicle, such coverage may be added, but the replacement auto will have no coverage under Part IV until you notify us of the replacement auto and ask us to add the coverage.
“Ride-sharing activity” means the use of any vehicle to provide transportation of persons or property in connection with a transportation network company from the time a user logs on to, or signs in to, any online-enabled application, software, website or system until the time the user logs out of, or signs off of, any such online-enabled application, software, website or system, whether or not the user has accepted any passenger(s) or delivery assignment, including the time the user is on the way to pick up any passenger(s) or property, or is transporting any passenger(s) or property.
“Trailer” means a non-motorized trailer, including a farm wagon or farm implement, designed to be towed on public roads by an auto and not being used:
for commercial purposes;
as an office, store, or for display purposes; or
as a passenger conveyance.
“Transportation network company” means a corporation, partnership, sole proprietorship, or other entity that uses any online-enabled application, software, website or system to connect drivers with clients or passengers to facilitate and/or provide transportation or delivery services for compensation or a fee.
“We,” “us” and “our” mean the underwriting company providing the insurance, as shown on the declarations page.
“You” and “your” mean:
a person shown as a named insured on the declarations page; and
the following person, if residing in the same household at the time of the loss:
the spouse of that named insured; or
a person who has entered into a civil union with that named insured pursuant to state law.
Part I — Liability To Others
This Part addresses liability coverage for bodily injury and property damage claims brought by other people.
Insuring Agreement
If you pay the premium for this coverage, we will pay damages for bodily injury and property damage for which an insured person becomes legally responsible because of an accident.
Damages include prejudgment interest awarded against an insured person.
We will settle or defend, at our option, any claim for damages covered by this Part I.
Additional Definitions
When used in this Part I:
“Insured person” means:
you, a relative, or a rated resident with respect to an accident arising out of the ownership, maintenance or use of an auto or a trailer;
any person with respect to an accident arising out of that person’s use of a covered auto with the permission of you, a relative, or a rated resident;
any person or organization with respect only to vicarious liability for the acts or omissions of a person described above; and
any “Additional Interest” shown on the declarations page with respect only to its liability for the acts or omissions of a person described above.
“Property damage” means physical damage to, destruction of, or loss of use of, tangible property.
Additional Payments
In addition to our limit of liability, we will pay for an insured person:
all expenses we incur in the settlement of any claim or defense of any lawsuit;
interest accruing after entry of judgment, until we have paid, offered to pay, or deposited in court, that portion of the judgment which does not exceed our limit of liability. This does not apply if we have not been given notice of suit or the opportunity to defend an insured person;
the premium on any appeal bond or attachment bond required in any lawsuit we defend. We have no duty to purchase a bond in an amount exceeding our limit of liability, and we have no duty to apply for or furnish these bonds;
up to $250 for a bail bond required because of an accident resulting in bodily injury or property damage covered under this Part I. We have no duty to apply for or furnish this bond; and
reasonable expenses, including loss of earnings up to $200 per day, incurred at our request.
Exclusions
Read the following exclusions carefully. If an exclusion applies, coverage will not be afforded under this Part.
Coverage under this Part I, including our duty to defend, will not apply to any insured person for:
bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle or trailer while being used to carry persons or property for compensation or a fee, or for retail or wholesale delivery, including but not limited to the pickup, transport or delivery of magazines, newspapers, mail or food. This exclusion applies only to damages in excess of the minimum limit of liability coverage mandated by the motor vehicle financial responsibility law of Colorado. This exclusion does not apply to shared-expense car pools;
any liability assumed under any contract or agreement by you, a relative, or a rated resident;
bodily injury to an employee of that insured person arising out of or within the course of employment. This exclusion does not apply to domestic employees if benefits are neither paid nor required to be provided under workers’ compensation, disability benefits, or similar laws;
bodily injury or property damage arising out of an accident involving any vehicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not apply to you, a relative, a rated resident, or an agent or employee of you, a relative, or a rated resident, when using a covered auto;
bodily injury or property damage resulting from, or sustained during practice or preparation for any pre-arranged or organized racing, stunting, speed or demolition contest or activity, or any driving activity conducted on a permanent or temporary racetrack or racecourse;
bodily injury or property damage due to a nuclear reaction or radiation;
bodily injury or property damage for which insurance is afforded under a nuclear energy liability insurance contract, or would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability;
any obligation for which the United States Government is liable under the Federal Tort Claims Act;
bodily injury or property damage caused by an intentional act of that insured person, or at the direction of that insured person, even if the actual injury or damage is different than that which was intended or expected;
property damage to any property owned by, rented to, being transported by, used by, or in the charge of that insured person. This exclusion does not apply to a rented residence or a rented garage;
bodily injury to you or a relative. However, this exclusion does not apply if the bodily injury arises out of the operation of a covered auto by an insured person other than you or a relative;
bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased;
bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle owned by a relative or a rated resident or furnished or available for the regular use of a relative or a rated resident, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to your maintenance or use of such vehicle;
bodily injury or property damage arising out of your, a relative’s, or a rated resident’s use of a vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle;
bodily injury or property damage arising out of the use of a covered auto while leased or rented to others or given in exchange for any compensation. This exclusion does not apply to the operation of a covered auto by you, a relative, or a rated resident;
punitive or exemplary damages;
bodily injury or property damage caused by, or reasonably expected to result from, a criminal act or omission of that insured person. This exclusion applies regardless of whether that insured person is actually charged with, or convicted of, a crime. For purposes of this exclusion, criminal acts or omissions do not include traffic violations;
bodily injury or property damage arising out of the ownership, maintenance or use of any vehicle or trailer while being used for ride-sharing activity; or
bodily injury or property damage arising out of the use of any vehicle while being used in connection with a personal vehicle sharing program.
Limits Of Liability
The limit of liability shown on the declarations page for liability coverage is the most we will pay regardless of the number of claims made, covered autos, insured persons, lawsuits brought, vehicles involved in the accident, or premiums paid.
If your declarations page shows a split limit:
the amount shown for “each person” is the most we will pay for all damages due to bodily injury to one person resulting from any one accident;
subject to the “each person” limit, the amount shown for “each accident” is the most we will pay for all damages due to bodily injury sustained by two or more persons in any one accident; and
the amount shown for “property damage” is the most we will pay for the total of all property damage resulting from any one accident.
The “each person” limit of liability applies to the total of all claims made for bodily injury to a person and all claims of others derived from such bodily injury, including but not limited to emotional injury or mental anguish, loss of society, loss of companionship, loss of services, loss of consortium, and wrongful death.
If the declarations page shows that “combined single limit” or “CSL” applies, the amount shown is the most we will pay for the total of all damages resulting from any one accident.
However, without changing this limit of liability, we will comply with any law that requires us to provide any separate limits.
No one is entitled to duplicate payments for the same elements of damages.
Any payment to a person under this Part I will be reduced by any payment to that person under Part III — Uninsured/Underinsured Motorist Coverage.
We will not pay under this Part I any expenses paid or payable under Part II — Medical Payments Coverage.
If multiple auto policies issued by us are in effect for you, we will pay no more than the highest limit of liability for this coverage available under any one policy.
An auto and attached trailer are considered one auto. Therefore, the limits of liability will not be increased for an accident involving an auto that has an attached trailer.
Financial Responsibility Laws
When we certify this policy as proof of financial responsibility, this policy will comply with the law to the extent required.
The insured person must reimburse us if we make a payment that we would not have made if this policy was not certified as proof of financial responsibility.
Other Insurance
If there is any other applicable liability insurance or bond, we will pay only our share of the damages.
Our share is the proportion that our limit of liability bears to the total of all applicable limits.
However, any insurance we provide for a vehicle or trailer, other than a covered auto, will be excess over any other collectible insurance, self-insurance, or bond.
Out-Of-State Coverage
If an accident to which this Part I applies occurs in any state, territory or possession of the United States of America or any province or territory of Canada, other than the one in which a covered auto is principally garaged, and the state, province, territory or possession has:
a financial responsibility or similar law requiring limits of liability for bodily injury or property damage higher than the limits shown on the declarations page, this policy will provide the higher limits; or
a compulsory insurance or similar law requiring a non-resident to maintain insurance whenever the non-resident uses an auto in that state, province, territory or possession, this policy will provide the greater of the required minimum amounts and types of coverage or the limits of liability under this policy.
Part II — Medical Payments Coverage
This Part addresses first-party medical payments coverage, often referred to as MedPay.
Insuring Agreement
If you pay the premium for this coverage, we will pay the reasonable expenses incurred for medically necessary and accident-related medical services received within three years from the date of a motor vehicle accident because of bodily injury:
sustained by an insured person; and
resulting from the ownership, maintenance, or use of a motor vehicle.
We, or someone on our behalf, will determine whether the expenses for medical services are reasonable and whether the medical services are medically necessary and accident-related.
Additional Definitions
When used in this Part II:
“Insured person” means you, a relative, or a rated resident while occupying an auto or when struck by a motor vehicle or a trailer while not occupying a self-propelled motorized vehicle, and any other person while occupying a covered auto with the permission of you, a relative, or a rated resident.
“Licensed air ambulance” means an air ambulance, as defined in section 25-3.5-103(1), C.R.S., that is licensed by the Department of Public Health and Environment pursuant to section 25-3.5-307, C.R.S.
“Licensed ambulance” means an ambulance, as defined in section 25-3.5-103(1.5), C.R.S., that is licensed pursuant to section 25-3.5-301, C.R.S.
“Licensed health care provider” shall have the same meaning as set forth in section 10-4-601, C.R.S., and also includes an occupational therapist as described in section 12-40.5-103(8), C.R.S.
“Medical services” means all medically necessary and accident-related health care, rehabilitation services and funeral services, provided by a licensed health care provider to a person injured in a motor vehicle accident for which benefits under the terms of this Part II are payable.
“Motor vehicle” means a land motor vehicle designed for use principally on public roads.
“Provider” means a licensed health care provider, licensed air ambulance, licensed ambulance, trauma physician, or trauma center.
“Stabilize” means, with respect to a medical condition resulting from a trauma, to provide such medical treatment of the condition as may be necessary to assure, within reasonable medical probability, that no material deterioration of the condition is likely to result or occur during the transfer of the individual to or from a trauma center.
“Trauma” means an injury or wound to a living person caused by the application of an external physical force. Trauma includes any event that threatens life, limb, or the well-being of an individual in such a manner that a prudent lay person would believe immediate medical care is needed.
“Trauma care” means care provided by a licensed ambulance, licensed air ambulance, trauma physician, or trauma center to a person injured in a motor vehicle accident from the time the administration of care begins to the time the patient is fully stabilized or through the first episode of care, not to exceed 72 hours after the administration of care begins.
“Trauma center” means the emergency department in a licensed or certified hospital or a health care facility that is designated by the Department of Public Health and Environment as a level I, II, III, IV, or V facility or as a regional pediatric trauma center.
“Trauma physician” means a trauma surgeon, orthopedic surgeon, neurosurgeon, intensive care unit physician, anesthesiologist, or physician who provides care in a trauma center to a trauma patient injured in a motor vehicle accident.
Exclusions
Read the following exclusions carefully. If an exclusion applies, coverage will not be afforded under this Part.
Coverage under this Part II will not apply to bodily injury:
sustained by any person while occupying a covered auto while it is being used to carry persons or property for compensation or a fee, for retail or wholesale delivery, or for ride-sharing activity. This exclusion does not apply to shared-expense car pools;
arising out of an accident involving a vehicle while being maintained or used by a person while employed or engaged in any auto business. This exclusion does not apply to you, a relative, a rated resident, or an agent or employee of you, a relative, or a rated resident, when using a covered auto;
resulting from, or sustained during practice or preparation for any pre-arranged or organized racing, stunting, speed or demolition contest or activity, or any driving activity conducted on a permanent or temporary racetrack or racecourse;
due to a nuclear reaction or radiation;
for which insurance is afforded under a nuclear energy liability insurance contract, or would be afforded under a nuclear energy liability insurance contract but for its termination upon exhaustion of its limit of liability;
for which the United States Government is liable under the Federal Tort Claims Act;
sustained by any person while occupying any vehicle or trailer while located for use as a residence or premises;
if workers’ compensation benefits are available for the bodily injury;
sustained by any person while occupying or when struck by any vehicle owned by you or furnished or available for your regular use, other than a covered auto for which this coverage has been purchased;
sustained by any person while occupying or when struck by any vehicle owned by a relative or a rated resident or furnished or available for the regular use of a relative or a rated resident, other than a covered auto for which this coverage has been purchased. This exclusion does not apply to you;
to you, a relative, or a rated resident, while occupying any vehicle, other than a covered auto, without the permission of the owner of the vehicle or the person in lawful possession of the vehicle;
to any person while occupying a covered auto while leased or rented to others or given in exchange for any compensation. This exclusion does not apply to the operation of a covered auto by you, a relative, or a rated resident;
caused directly or indirectly by war, civil war, warlike action, insurrection, rebellion, revolution, usurped power, or governmental action taken to hinder or defend against those acts;
caused directly or indirectly by radioactive, nuclear, pathogenic, poisonous biological, chemical, or hazardous material events described in the policy;
caused by, or reasonably expected to result from, a criminal act or omission of an insured person. This exclusion applies regardless of whether the insured person is actually charged with, or convicted of, a crime. For purposes of this exclusion, criminal acts or omissions do not include traffic violations; or
sustained by any person while occupying a covered auto while being used in connection with a personal vehicle sharing program.
Limits Of Liability
The limit of liability shown on the declarations page for Medical Payments Coverage is the most we will pay for each insured person injured in any one accident, regardless of the number of claims made, covered autos, insured persons, lawsuits brought, vehicles involved in the accident, or premiums paid.
No one will be entitled to duplicate payments under this policy for the same elements of damages.
Any amount payable to an insured person under this Part II will be reduced by any amount paid or payable for the same expense under Part I — Liability To Others or Part III — Uninsured/Underinsured Motorist Coverage.
Unreasonable Or Unnecessary Medical Expenses
If an insured person incurs expenses for medical services that we deem to be unreasonable or unnecessary, we may refuse to pay for those expenses and contest them.
If the medical service provider sues the insured person because we refuse to pay expenses for medical services that we deem to be unreasonable or unnecessary, we will pay any resulting defense costs, and any resulting judgment against the insured person, subject to the limit of liability for this coverage.
We will choose the counsel.
We will also pay reasonable expenses, including loss of earnings up to $200 per day, incurred at our request.
The insured person may not sue us for expenses for medical services we deem to be unreasonable or unnecessary unless the insured person paid the entire disputed amount to the medical service provider or the medical service provider has initiated collection activity against the insured person for the unreasonable or unnecessary expenses.
Other Insurance
If there is other applicable auto medical payments insurance, we will pay only our share of the loss.
Our share is the proportion that our limit of liability bears to the total of all applicable limits.
However, any insurance we provide for an insured person occupying a vehicle or trailer, other than a covered auto, will be excess over any other auto insurance providing payments for medical services.
Payment Of Benefits
When required under Colorado law, we will make payments under this Part II directly to providers for medical services meeting the definition of trauma care.
The periods specified in 10-4-642, C.R.S., for the prompt payment of benefits shall be tolled for the period that we are required to suspend payment of claims for medical services furnished by providers that did not provide trauma care, but only to the extent that the available benefits under this Part II not held in reserve for trauma care are insufficient to pay those claims.
Trauma Care And Priority Of Benefits
Upon receiving notice, either from a provider or an insured person, of an accident for which coverage under this Part II may apply, we will reserve $5,000 for the payment of trauma care provided by a licensed air ambulance, licensed ambulance, trauma physician, or trauma center in the following priority, as applicable:
Benefits will be paid first to licensed ambulances or licensed air ambulances that provided trauma care at the scene of or immediately after the motor vehicle accident, including transport to or from a trauma center.
After payments to those providers, benefits will be paid next to trauma physicians that provided trauma care to stabilize or provided the first episode of care to the injured person.
After those payments, benefits will be paid next to level IV or V trauma centers that provided trauma care to stabilize or provided the first episode of care to the injured person.
After those payments, benefits will be paid next to level I, II, or III trauma centers or regional pediatric trauma centers that provided trauma care to stabilize or provided the first episode of care to the injured person.
We will hold the reserve described in this section for no more than 30 days after receipt of the accident notice.
After the 30-day period, any amount of the reserve for which we have not received a claim for reimbursement from a trauma care provider will be used to pay any other claims for reimbursement submitted by other providers or by insured persons.
Part III — Uninsured/Underinsured Motorist Coverage
This Part addresses protection for bodily injury and, where purchased, property damage caused by uninsured or underinsured motorists.
Insuring Agreement — Uninsured/Underinsured Motorist Bodily Injury Coverage
If you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle or an underinsured motor vehicle because of bodily injury:
sustained by an insured person;
caused by an accident; and
arising out of the ownership, maintenance or use of an uninsured motor vehicle or an underinsured motor vehicle.
We will pay under this Part III only after the limits of liability under all applicable bodily injury liability bonds and policies have been exhausted by payment of judgments or settlements.
Insuring Agreement — Uninsured Motorist Property Damage Coverage
If you pay the premium for this coverage, we will pay for damages that an insured person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of property damage caused by an accident and arising out of the ownership, maintenance, or use of an uninsured motor vehicle.
Notice Requirement
Any insured person who brings a lawsuit against an owner or operator of an uninsured motor vehicle or underinsured motor vehicle with respect to a bodily injury claim, or against an uninsured motor vehicle with respect to a property damage claim, must promptly notify us of the filing of said lawsuit.
Additional Definitions
When used in this Part III:
“Insured person” means you, a relative, or a rated resident; any person while operating or using a covered auto with permission; any person occupying, but not operating, a covered auto; and any person who is entitled to recover damages covered by this Part III because of bodily injury sustained by a person described in the policy.
“Property damage” means physical damage to, or destruction of, a covered auto as a result of actual physical contact between the covered auto and an uninsured motor vehicle. Property damage does not include loss of use of a covered auto.
“Underinsured motor vehicle” means a land motor vehicle to which a bodily injury liability bond or policy applies at the time of the accident, but its limit of liability for bodily injury is less than the amount of the insured person’s bodily injury damages.
An underinsured motor vehicle does not include any vehicle or equipment owned by you, a relative, or a rated resident or furnished or available for regular use; owned by any governmental unit or agency; operated on rails or crawler treads; designed mainly for off-road use while not on public roads; located for use as a residence or premises; that is a covered auto; or that is an uninsured motor vehicle.
“Uninsured motor vehicle” means a land motor vehicle or trailer to which no bodily injury liability bond or policy applies; to which a policy applies but the insurer denies coverage or becomes insolvent; that is a qualifying hit-and-run vehicle; or that is operated by an alleged tortfeasor deemed uninsured under C.R.S. § 10-4-609.
An uninsured motor vehicle does not include any vehicle or equipment owned by you, a relative, or a rated resident or furnished or available for regular use; owned or operated by a self-insurer except an insolvent self-insurer; owned by any governmental unit or agency; operated on rails or crawler treads; designed mainly for off-road use while not on public roads; located for use as a residence or premises; that is a covered auto; or that is an underinsured motor vehicle.
Exclusions
Read the following exclusions carefully. If an exclusion applies, coverage will not be afforded under this Part.
Coverage under this Part III will not apply to bodily injury sustained while a covered auto is being used to carry persons or property for compensation or a fee, for delivery, or for ride-sharing activity, except shared-expense car pools; to bodily injury sustained while using a vehicle without permission; to benefit workers’ compensation or disability insurers; to punitive or exemplary damages; to bodily injury if the person settles without written consent; or to bodily injury arising out of a personal vehicle sharing program.
Coverage under this Part III will not apply to property damage sustained while a covered auto is being used for compensation, delivery, or ride-sharing activity, except shared-expense car pools; property damage resulting from racing or similar activity; property damage covered by nuclear energy liability insurance; property damage to a trailer; property damage without actual physical contact between the uninsured motor vehicle and the covered auto; or property damage arising out of a personal vehicle sharing program.
Limits Of Liability
The limit of liability shown on the declarations page for Uninsured/Underinsured Motorist Coverage is the most we will pay regardless of the number of claims made, covered autos, insured persons, lawsuits brought, vehicles involved in the accident, or premiums paid.
If your declarations page shows a split limit, the “each person” limit is the most we will pay for all damages due to bodily injury to one person, and the “each accident” limit is the most we will pay for all bodily injury sustained by two or more persons in one accident.
The “each person” limit includes all derivative claims, including emotional injury, mental anguish, loss of society, loss of companionship, loss of services, loss of consortium, and wrongful death.
If the declarations page shows a combined single limit or CSL, that amount is the most we will pay for the total of all bodily injury damages resulting from any one accident.
The damages recoverable for bodily injury under this Part III will be reduced by sums paid because of bodily injury by or on behalf of legally responsible persons or organizations, and sums paid under Part I — Liability To Others.
We will not pay under this Part III any expenses paid or payable under Part II — Medical Payments Coverage.
The limit of liability for property damage to a covered auto is the lowest of the actual cash value of the covered auto at the time of the accident, the amount necessary to replace the covered auto, the amount necessary to repair the covered auto to its pre-loss condition, or the limit shown on the declarations page for Uninsured Motorist Property Damage.
No one will be entitled to duplicate payments for the same elements of damages.
Other Insurance
If there is other applicable uninsured or underinsured motorist coverage, we will pay only our share of the damages.
Our share is the proportion that our limit of liability bears to the total of all available coverage limits.
However, any insurance we provide with respect to a vehicle that is not a covered auto will be excess over any other uninsured or underinsured motorist coverage.
Arbitration
If we and an insured person cannot agree on the legal liability of the operator or owner of an uninsured motor vehicle or the amount of damages sustained by the insured person, this will be determined by arbitration if we and the insured person mutually agree to arbitration before the bodily injury statute of limitations expires.
If the parties agree to arbitration, the decision will be made by an arbitrator mutually agreed to by the parties. If the parties cannot agree on an arbitrator within 30 days, then on joint application the arbitrator will be appointed by a court having jurisdiction.
We will pay the costs and fees of the arbitrator. Each party will pay their own costs and fees, including attorney fees and expert fees.
Unless both parties agree otherwise, arbitration will take place in the county in which the insured person resides. Local rules of procedure and evidence will apply.
The arbitrator’s decision will be binding with respect to the legal liability of the operator or owner of an uninsured motor vehicle and the amount of damages sustained by the insured person. The arbitrator will have no authority to award an amount in excess of the limit of liability.
Part IV — Damage To A Vehicle
This Part addresses physical damage coverage for the insured vehicle and related optional add-on coverages.
Insuring Agreement — Collision Coverage
If you pay the premium for this coverage, we will pay for sudden, direct and accidental loss to a covered auto, including an attached trailer, or a non-owned auto and its custom parts or equipment, resulting from collision.
In addition, we will pay the reasonable cost to replace any child safety seat damaged in an accident to which this coverage applies.
Insuring Agreement — Comprehensive Coverage
If you pay the premium for this coverage, we will pay for sudden, direct and accidental loss to a covered auto, including an attached trailer, or a non-owned auto and its custom parts or equipment, that is not caused by collision.
A loss not caused by collision includes contact with an animal, explosion, earthquake, fire, malicious mischief, vandalism, missiles, falling objects, riot, civil commotion, theft, larceny, windstorm, hail, water, flood, or breakage of glass not caused by collision.
In addition, we will pay reasonable transportation expenses if a covered auto is stolen and loss-of-use damages that you are legally liable to pay if a non-owned auto is stolen, subject to the combined maximum stated in the policy.
Coverage for transportation expenses and loss-of-use damages begins 48 hours after you report the theft and ends according to the policy’s stated recovery, repair, replacement, total-loss, or offer-of-settlement rules.
We must receive written proof of transportation expenses and loss-of-use damages.
Insuring Agreement — Additional Custom Parts Or Equipment Coverage
We will pay for sudden, direct and accidental loss to custom parts or equipment on a covered auto for which this coverage has been purchased.
This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages.
This coverage applies in addition to any coverage automatically provided for custom parts or equipment under Comprehensive Coverage or Collision Coverage.
Insuring Agreement — Rental Reimbursement Coverage
We will reimburse rental charges incurred when you rent an auto from a rental agency or auto repair shop due to a loss to a covered auto for which Rental Reimbursement Coverage has been purchased.
This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages.
Additional fees or charges for insurance, damage waivers, optional equipment, fuel, or accessories are not covered.
This coverage is limited to the each-day limit shown on the declarations page for a maximum of 30 days.
You must provide written proof of your rental charges to be reimbursed.
Insuring Agreement — Loan/Lease Payoff Coverage
If you pay the premium for this coverage, and the covered auto for which this coverage was purchased is deemed by us to be a total loss, we will pay, in addition to any amounts otherwise payable under this Part IV, the difference between the actual cash value of the covered auto at the time of the total loss and any greater amount the owner is legally obligated to pay under a written loan or lease agreement, reduced by the policy’s listed finance, mileage, warranty, credit insurance, past-due, collection, and repossession adjustments.
However, our payment under this coverage shall not exceed the limit of liability shown on the declarations page.
This coverage applies only if you have purchased both Comprehensive Coverage and Collision Coverage for that covered auto and the loss is covered under one of those coverages.
Insuring Agreement — Pet Injury Coverage
If you have purchased Collision coverage for at least one covered auto under your policy, and if your pet sustains injury or death while inside a covered auto or non-owned auto at the time of a loss covered under Collision or Comprehensive coverage, we will provide up to $1,000 for reasonable and customary veterinary fees or a $1,000 death benefit, less any payment made toward veterinary expenses.
In the event of a covered theft loss, the death benefit applies if your pet is inside the auto at the time of the theft and your pet is not recovered.
Additional Definitions
When used in this Part IV:
“Collision” means the upset of a vehicle or its impact with another vehicle or object.
“Custom parts or equipment” means equipment, devices, accessories, enhancements and changes, other than those offered by the manufacturer specifically for that auto model or installed by the auto dealership as part of the original sale of a new auto, that are permanently installed or attached and alter the appearance or performance of the auto.
“Mechanical parts” means operational parts on a vehicle that wear out over time or have a finite useful life or duration typically shorter than the life of the vehicle as a whole. Mechanical parts do not include external crash parts, wheels, paint, windshields, or other glass.
“Non-owned auto” means an auto that is not owned by or furnished or available for the regular use of you, a relative, or a rated resident while in the custody of or being operated by you, a relative, or a rated resident with permission.
“Your pet” means any dog or cat owned by you, a relative, or a rated resident.
Exclusions
Read the following exclusions carefully. If an exclusion applies, coverage will not be afforded under this Part.
Coverage under this Part IV will not apply for loss to any vehicle while being used to carry persons or property for compensation or a fee, for retail or wholesale delivery, or for ride-sharing activity, except shared-expense car pools; to a non-owned auto while being maintained or used in any auto business; to racing-related losses; to nuclear energy losses; to intentional damage; to a covered auto while leased, rented, or exchanged for compensation; to governmental destruction or confiscation due to illegal activity; to wear and tear, freezing, breakdown, failure, or road damage to tires, except theft-related damage; to portable equipment and personal effects; to diminution of value; to war, nuclear, biological, chemical, or hazardous-material events; to criminal acts except traffic violations; or to a vehicle used in a personal vehicle sharing program.
Limits Of Liability
The limit of liability for loss to a covered auto, non-owned auto, or custom parts or equipment is the lowest of the actual cash value of the stolen or damaged property at the time of loss reduced by the deductible; the amount necessary to replace the property reduced by the deductible; the amount necessary to repair the property to its pre-loss condition reduced by the deductible; or the Stated Amount shown on the declarations page for that covered auto.
Custom parts or equipment are limited as stated in the policy unless Additional Custom Parts or Equipment Coverage was purchased. Trailer losses are subject to the trailer limit stated in the policy.
Repair-cost determinations may consider prevailing competitive labor rates, parts and equipment cost, original or non-original manufacturer parts, unrepaired prior damage, betterment, depreciation, and physical condition as stated in the policy.
The actual cash value is determined by the market value, age, and condition of the vehicle at the time the loss occurs.
No deductible will apply to a loss to window glass when the glass is repaired instead of replaced.
Duplicate recovery for the same elements of damages is not permitted.
Payment Of Loss
We may, at our option, pay for the loss in money or repair or replace the damaged or stolen property.
At our expense, we may return any recovered stolen property to you or to the address shown on the declarations page, with payment for any damage resulting from the theft.
We may keep all or part of the property at the agreed or appraised value.
We may settle any loss with you or the owner or lienholder of the property.
No Benefit To Bailee
Coverage under this Part IV will not directly or indirectly benefit any carrier or other bailee for hire.
Loss Payable Clause
Payment under this Part IV for a loss to a covered auto will be made according to your interest and the interest of any lienholder shown on the declarations page or designated by you.
At our option, payment may be made jointly or separately. If the covered auto is not a total loss, we may make payment to you and the repairer of the auto.
The lienholder’s interest will not be protected where fraud, misrepresentation, material omission, intentional damage, or another uncovered-loss basis applies under the policy.
Other Sources Of Recovery
If other sources of recovery also cover the loss, we will pay only our share of the loss.
Our share is the proportion that our limit of liability bears to the total of all applicable limits.
However, any insurance we provide for a non-owned auto, or trailer not shown on the declarations page, will be excess over other collectible sources of recovery.
Appraisal
If we cannot agree with you on the amount of a loss, then we or you may demand an appraisal of the loss.
Within 30 days of any demand for an appraisal, each party shall appoint a competent appraiser and notify the other party of that appraiser’s identity.
If the appraisers fail to agree, the disagreement will be submitted to a qualified umpire chosen by the appraisers. If they cannot agree on an umpire within 15 days, a judge of a court of record in the county where you reside may select an umpire.
The amount of loss agreed to by both appraisers, or by one appraiser and the umpire, will be binding.
Each party pays its own appraiser. Other appraisal expenses, including the umpire, are shared equally. Neither party waives rights under the policy by agreeing to an appraisal.
Part V — Roadside Assistance Coverage
This Part addresses towing and roadside labor when a covered disabled auto suffers a covered emergency.
Insuring Agreement
If you pay the premium for this coverage, we will pay for our authorized service representative to provide towing of a covered disabled auto to the nearest qualified repair facility and labor on a covered disabled auto at the place of disablement when necessary due to a covered emergency.
If a covered disabled auto is towed to any place other than the nearest qualified repair facility, you will be responsible for any additional charges incurred.
Additional Definitions
“Covered disabled auto” means a covered auto for which this coverage has been purchased that sustains a covered emergency.
“Covered emergency” means a disablement caused by mechanical or electrical breakdown, battery failure, insufficient supply of fuel, oil, water, or other fluid, flat tire, lock-out, or entrapment in snow, mud, water or sand within 100 feet of a road or highway.
Exclusions
Coverage under this Part V will not apply to more than three covered emergencies for a single covered auto in a six-month period; the cost of parts, fluids, lubricants, fuel, replacement keys, or key labor; unrelated installation or labor; labor over 60 minutes per disablement; towing or storage related to impoundment, abandonment, illegal parking, or violations of law; assistance with jacks, levelers, airbags or awnings; repair-shop labor; storage charges; disablement on non-maintained roads or excluded areas; snow tire or chain work; tire repair; intentional disablement; ride-sharing activity; personal vehicle sharing; or a trailer.
Unauthorized Service Provider
When service is rendered by a roadside assistance or towing provider other than one of our authorized service representatives, we will pay only reasonable charges, as determined by us, for towing to the nearest qualified repair facility and labor at the place of disablement that is necessary due to a covered emergency.
Other Insurance
Any coverage provided under this Part V for service rendered by an unauthorized service provider will be excess over any other collectible insurance or towing protection coverage.
Part VI — Duties In Case Of An Accident Or Loss
This Part addresses the insured’s contractual duties after an accident, theft, vandalism, or other loss.
For coverage to apply under this policy, you or the person seeking coverage must promptly report each accident or loss even if you or the person seeking coverage is not at fault.
You or the person seeking coverage must provide us with all accident or loss information, including time, place, and how the accident or loss happened.
You or the person seeking coverage must also obtain and provide the names and addresses of all persons involved, the names and addresses of witnesses, and the license plate numbers of involved vehicles.
If you or the person seeking coverage cannot identify the owner or operator of a vehicle involved in the accident, or if theft or vandalism has occurred, you or the person seeking coverage must notify the police within 24 hours or as soon as practicable.
A person seeking coverage must cooperate, provide proof of loss, allow recorded or sworn statements and examinations under oath, promptly provide legal papers, attend hearings and trials, protect the vehicle from further loss, allow inspection and appraisal, submit to medical examinations, and authorize medical and other records as required by the policy.
Part VII — General Provisions
This Part addresses the contract rules that apply across the policy as a whole.
Policy Period And Territory
This policy applies only to accidents and losses occurring during the policy period shown on the declarations page and within a state, territory or possession of the United States of America, a province or territory of Canada, or while a covered auto is being transported between their ports.
Changes
This policy contract, your insurance application, the declarations page, and all endorsements contain all agreements between you and us.
The terms of this policy may not be changed or waived except by an endorsement issued by us, subject to the policy’s terms.
The premium for this policy is based on information received from you and other sources. You agree to cooperate in determining whether this information is correct and complete and to promptly notify us if it changes.
Changes that may result in premium adjustment include changes in vehicles, use classification, drivers, household residents, marital or civil-union status, mailing address, residence address, garaging address, coverages, deductibles, limits, rating territory, or discount eligibility.
The coverage provided in your policy may be changed only by issuance of a new policy or endorsement by us, except that broadened coverage adopted without additional premium may automatically apply as stated in the policy.
Duty To Report Changes
You must promptly report all changes, including additions and deletions, in policy information. This includes changes in mailing address, residence address, garaging address, household residents, legal driving-age residents, regular operators, marital or civil-union status, and driver’s license or permit status.
Settlement Of Claims
We may use estimating, appraisal, or injury evaluation systems to assist in adjusting claims and determining damages, expenses, or loss payable under the policy.
Such systems may be developed by us or a third party and may include computer software, databases, and specialized technology.
Terms Of Policy Conformed To Statutes
If any provision of this policy fails to conform to the statutes of the state listed on your application as your residence, the provision shall be deemed amended to conform to such statutes.
All other provisions shall be given full force and effect.
Any disputes as to the coverages provided or the provisions of this policy shall be governed by the law of the state listed on your application as your residence.
Transfer Of Interest
The rights and duties under this policy may not be transferred to another person without our written consent.
However, if a named insured shown on the declarations page dies, this policy will provide coverage until the end of the policy period for the legal representative of the named insured, while acting as such, and for persons covered under this policy on the date of the named insured’s death.
Fraud Or Misrepresentation
This policy was issued in reliance upon the information provided on your insurance application.
We may void this policy at any time, including after an accident or loss, if you have knowingly and with the intent to defraud made incorrect statements or representations, concealed or misrepresented material facts or circumstances, or engaged in fraudulent conduct at the time of application.
If we void this policy, this shall not affect coverage under Part I — Liability To Others or Part III — Uninsured/Underinsured Motorist Coverage, up to the minimum limits required by the financial responsibility law of the state shown on your application as your residence, for an accident that occurs before we notify the named insured that the policy is void.
No payment will be made to any person who engages in fraudulent conduct.
When we have not voided or reformed the policy, we may still deny coverage for an accident or loss if concealment, misrepresentation, or fraudulent conduct was material to a risk we assumed or occurred in connection with presentation or settlement of a claim.
Payment Of Premium And Fees
If your initial premium payment is by check, draft, electronic funds transfer, or similar form of remittance, coverage under this policy is conditioned on payment to us by the financial institution.
If the financial institution does not honor the payment, this policy may, at our option, be deemed void from inception.
In addition to premium, fees may be charged for installment payments, late payments, and other transactions. Payments made on your policy will be applied first to fees, then to premium due.
Cancellation
You may cancel this policy during the policy period by calling or writing us and stating the future date you wish the cancellation to be effective.
We may cancel this policy during the policy period by mailing a notice of cancellation to the named insured shown on the declarations page at the last known address appearing in our records.
We will give at least 10 days notice of cancellation if we cancel during the first 59 days of the initial policy period or for nonpayment of premium. We will give at least 30 days notice in all other cases.
After this policy is in effect for more than 59 days, or if this is a renewal or continuation policy, cancellation reasons include nonpayment of premium, knowingly false statements in the application or claim, suspension or revocation of specified licenses or registration, or any other reason permitted by law.
Proof of mailing will be sufficient proof of notice. If this policy is cancelled, coverage will not be provided as of the effective date and time shown in the notice of cancellation.
Cancellation Refund
Upon cancellation, you may be entitled to a premium refund. However, our making or offering of a refund is not a condition of cancellation.
If this policy is cancelled, any refund due will be computed on a daily pro rata basis.
Nonrenewal
If neither we nor one of our affiliates offers to renew or continue this policy, other than for nonpayment of premium, we will mail notice of nonrenewal to the named insured at the last known address appearing in our records.
Proof of mailing will be sufficient proof of notice. Notice will be mailed at least 30 days before the end of the policy period.
Automatic Termination
If we or an affiliate offers to renew or continue this policy and you or your representative does not accept, this policy will automatically terminate at the end of the current policy period.
Failure to pay the required renewal or continuation premium when due will mean that you have not accepted our offer.
If you obtain other insurance on a covered auto, any similar insurance provided by this policy will terminate as to that covered auto on the effective date of the other insurance.
If a covered auto is sold or transferred to someone other than you, a relative, or a rated resident, any insurance provided by this policy will terminate as to that covered auto on the effective date of the sale or transfer.
Legal Action Against Us
We may not be sued unless there is full compliance with all the terms of this policy.
We may not be sued for payment under Part I — Liability To Others until the obligation of an insured person under Part I to pay is finally determined either by judgment after trial against that person or by written agreement of the insured person, the claimant, and us.
No one will have any right to make us a party to a lawsuit to determine the liability of an insured person.
If we retain salvage, we have no duty to preserve or otherwise retain the salvage for any purpose, including evidence for any civil or criminal proceeding.
Our Rights To Recover Payment
We are entitled to the rights of recovery that the insured person to whom payment was made has against another, to the extent of our payment.
That insured person may be required to sign documents related to the recovery and must help us exercise those recovery rights and do nothing after an accident or loss to prejudice those rights.
When an insured person has been paid by us and also recovers from another, the amount recovered will be held by the insured person in trust for us and reimbursed to us to the extent of our payment.
If we elect to exercise recovery rights, we will also attempt to recover any deductible incurred unless instructed not to pursue the deductible. These provisions will be applied in accordance with state law.
Service Of Process
If the insured’s whereabouts for service of process cannot be determined through reasonable effort, the insured agrees to designate and irrevocably appoint us as the agent of the insured for service of process, pleadings, or other filings in a civil action brought against the insured or to which the insured has been joined as a defendant or respondent in any Colorado court if the cause of action concerns an incident for which the insured can possibly claim coverage.
Subsequent termination of the insurance policy does not affect the appointment for an incident that occurred when the policy was in effect.
The insured agrees that any such civil action may be commenced against the insured by service of process upon us as if personal service had been made directly on the insured.
We agree to forward all communications related to service of process to the last-known email and mailing address of the policyholder in order to coordinate any payment of claims or defense of claims that are required.
Joint And Individual Interests
If there is more than one named insured on this policy, any named insured may cancel or change this policy.
The action of one named insured will be binding on all persons provided coverage under this policy.
Bankruptcy
The bankruptcy or insolvency of an insured person will not relieve us of any obligations under this policy.
Appendix A — Linked Colorado Authorities For This Policy Form
The statute links below are grouped by the policy provisions they most directly inform. They do not replace the policy text. They provide public research access to the Colorado statutory framework that governs policy form approval, compulsory coverage, MedPay, UM/UIM, claims handling, fraud, and service of process.
Policy Form Readability And Consumer Disclosure
C.R.S. § 10-4-633.5 — Colorado auto policy readability and index/table-of-contents requirements.
C.R.S. § 10-4-636 — Consumer disclosure forms explaining major coverages and exclusions.
C.R.S. § 10-4-601.5 — Commissioner authority over Colorado auto insurance under Part 6.
Important Notice And Named Non-Owner Coverage
C.R.S. § 10-4-640 — Operator’s policies of insurance and named non-owner notice language.
Compulsory Liability Coverage And Minimum Limits
C.R.S. § 10-4-619 — Compulsory complying coverage for owners operating or permitting use of motor vehicles on Colorado public highways.
C.R.S. § 10-4-620 — Required minimum bodily injury and property damage liability limits.
C.R.S. § 10-4-623 — Conditions and exclusions not inconsistent with Colorado mandatory auto coverage statutes.
C.R.S. § 42-7-103 — Financial responsibility definitions and minimum proof limits.
C.R.S. § 42-7-414 — Required provisions for motor vehicle liability and operator’s policies accepted as proof under the Financial Responsibility Act.
Medical Payments Coverage
C.R.S. § 10-4-635 — Colorado MedPay framework, including the default $5,000 benefit, trauma reserve, and priority-of-payment structure.
C.R.S. § 10-4-642 — Prompt-payment rules for MedPay claims.
C.R.S. § 10-4-643 — Electronic claim forms and MedPay claim-submission rules.
C.R.S. § 10-4-601 — Part 6 definitions.
C.R.S. § 25-3.5-103 — Emergency medical and ambulance definitions.
C.R.S. § 25-3.5-703 — Statewide trauma care system framework.
C.R.S. § 12-270-104 — Occupational therapy definition referenced through the MedPay statutory scheme.
Uninsured And Underinsured Motorist Coverage
C.R.S. § 10-4-609 — UM/UIM coverage requirements, rejection rules, and setoff limits.
C.R.S. § 10-4-610 — Uninsured motorist property damage coverage and disclosure rules.
C.R.S. § 42-7-103 — Liability-limit reference point used by the UM/UIM statute.
Vehicle Damage, Glass Claims, And First-Party Claim Handling
C.R.S. § 10-4-613 — Auto glass repair and replacement claim rules.
C.R.S. § 10-3-1104 — Unfair claim settlement practices and misrepresentation regulation.
C.R.S. § 10-3-1115 — Unreasonable delay or denial of first-party benefits.
C.R.S. § 10-3-1116 — Private remedy for unreasonable delay or denial of covered first-party benefits.
Duties After An Accident And Service Of Process
C.R.S. § 42-4-1601 — Duties after accidents involving death or personal injuries.
C.R.S. § 42-4-1603 — Notice, information, and aid after an accident.
C.R.S. § 42-4-1606 — Reporting of certain accidents.
C.R.S. § 42-7-414 — Required service-of-process language for motor vehicle policies used as proof under the Financial Responsibility Act.
Fraud, Misrepresentation, And Insurer Regulatory Enforcement
C.R.S. § 10-1-128 — Fraudulent insurance acts and information-sharing immunity.
C.R.S. § 10-1-129 — Enforcement of fraudulent insurance act provisions.
C.R.S. § 18-5-211 — Colorado criminal insurance-fraud statute.
C.R.S. § 10-3-1104 — Misrepresentation and unfair claim settlement practices regulated as unfair or deceptive acts or practices.
About This Reference Page
This page is part of VictimsGuide.com’s public-interest insurance education project. It is designed to help Colorado readers understand how an auto policy is organized, where exclusions and endorsements appear, and how policy text interacts with Colorado statutes.