Page 31 - HEADING TEXT

any vehicle while that per- make payment recovers or has recovered from
son’s license is under sus- another person or organization, then the per-
pension or revocation. son or organization to or for whom we make
c. Return of Unearned Premium payment must:
If you cancel this policy, then premium (1) hold in trust for us the proceeds of any
may be earned on a short rate basis. If we recovery; and
cancel this policy, then premium will be (2) reimburse us to the extent of our
earned on a pro rata basis. payment.
Any unearned premium may be returned 13. Legal Action Against Us
within a reasonable time after cancellation.
Delay in the return of any unearned pre- Legal action may not be brought against us un-
mium does not affect the cancellation date. til there has been full compliance with all the
provisions of this policy. In addition, legal ac-
9. Assignment tion may only be brought against us regarding:
No assignment of benefits or other transfer of a. Liability Coverage after the amount of
rights is binding upon us unless approved by us. damages an insured is legally liable to pay
10. Bankruptcy or Insolvency of the Insured has been finally determined by:
Bankruptcy or insolvency of the insured or his (1) judgment after an actual trial, and any
or her estate will not relieve us of our obliga- appeals of that judgment if any appeals
tions under this policy. are taken; or
11. Concealment or Fraud (2) agreement between the claimant and us.
There is no coverage under this policy if you or b. Uninsured Motor Vehicle Coverage and
any other person insured under this policy has Underinsured Motor Vehicle Coverage if
made false statements with the intent to con- the insured or that insured’s legal repre-
ceal or misrepresent any material fact or cir- sentative:
cumstance in connection with any claim under (1) presents either an Uninsured Motor
this policy. Vehicle Coverage claim or an Under-
12. Our Right to Recover Our Payments insured Motor Vehicle Coverage
claim to us; and
Medical Payments Coverage, Death, Dismem- (2) files a lawsuit in accordance with the
berment and Loss of Sight Coverage, and Loss Deciding Fault and Amount provi-
of Earnings Coverage payments are not recov- sion of the involved coverage.
erable by us. Under all other coverages, the
following apply: Except as provided in b.(2) above, no
a. Subrogation other legal action may be brought against
us relating to Uninsured Motor Vehicle
If we are obligated under this policy to make Coverage or Underinsured Motor Vehicle
payment to or for a person or organization Coverage for any other causes of action
who has a legal right to collect from another that arise out of or are related to these
person or organization, then we will be subro- coverages until there has been full com-
gated to that right to the extent of our pay- pliance with the provisions titled Notice
ment. of Tentative Settlement and Deciding
The person or organization to or for whom we Fault and Amount.
make payment must help us recover our 14. Choice of Law
payments by: Without regard to choice of law rules, the law
(1) doing nothing to impair that legal right; of the state of:
(2) executing any documents we may a. Missouri will control, except as provided
need to assert that legal right; and in b. below, in the event of any disagree-
(3) taking legal action through our represen- ment as to the interpretation and applica-
tatives when we ask. tion of any provision in this policy; and
b. Reimbursement b. Illinois will control in the event of any dis-
If we make payment under this policy and the agreement as to the interpretation and ap-
person or organization to or for whom we plication of this policy’s:

31
9825A