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Filing # 131025666 E-Filed 07/20/2021 01:57:36 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT, IN AND FOR OSCEOLA
COUNTY, FLORIDA
CASE NO.:
DONNA MARIA LARGE,
Plaintiff,
VS.
FLOYD THOMAS SPARKS, and
FARMERS CASUALTY
INSURANCE COMPANY, formerly
known as METROPOLITAN
CASUALTY INSURANCE COMPANY
Defendant.
/
COMPLAINT
The Plaintiff, Donna Maria Large, sues the Defendants, Floyd Thomas Sparks and
Metropolitan Casualty Insurance Company, and alleges:
1 This lawsuit involves a car crash that occurred in Osceola County, Florida, and
Plaintiffs cause of action accrued in Osceola County. Therefore, jurisdiction in Osceola County,
Florida, is proper pursuant to Section 47.011, Florida Statutes.
2 Defendant, Floyd Thomas Sparks, is an Osceola County, Florida, resident.
3 Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan
Casualty Insurance Company, is a Rhode Island corporation, that does business in the State of
Florida, and keeps an office for the transaction of customary business in Osceola County, Florida.
4 The amount in controversy herein exceeds $30,000.00, so jurisdiction is proper in
Circuit Court pursuant to Sections 34.01, Fla. Stat., and 26.012(2)(a), Fla. Stat.
5 On the early evening of September 18, 2019, Plaintiff, Donna Maria Large, was
driving a Ford Explorer northbound, in the left lane of U.S. Highway 441, approaching the
intersection of Mary Louis Lane, in Kissimmee, Florida.
6 While Ms. Large was driving on U.S. Highway 441, she saw a pedestrian standing
in the middle of the road signaling for her to stop, and the pedestrian’s vehicle was stopped in the
adjacent lane with its emergency flashers/hazard lights on. Ms. Large had no choice but to stop
because, otherwise, she would have struck the pedestrian. Ms. Large also put her emergency
flashers/hazard lights on.
7. Defendant, Floyd Thomas Sparks, was driving a Ford F-150 pickup that was behind
Ms. Large’s vehicle in the left-hand lane. Without paying attention to the traffic in front of him and
going far too fast for the roadway conditions, Defendant Sparks slammed the pick-up truck he was
driving into the rear of Plaintiffs vehicle. As a result, Defendant failed to maintain the proper
distance between his vehicle and Plaintiff's vehicle; he was driving much too fast for the traffic
conditions; and, he failed to pay attention to the traffic ahead of the vehicle he was driving.
8 Plaintiff sustained permanent injuries as a result of the crash that was negligently
caused by the Defendant, Floyd Thomas Sparks.
COUNT I-NEGLIGENCE AGAINST
FLOYD THOMAS SPARKS
8 Plaintiff realleges and incorporates by reference paragraphs 1, 2, and 5 through 8,
above, as though fully set forth herein.
9 As a driver of a motor vehicle upon the streets or highways in the State of Florida,
Defendant, Floyd Thomas Sparks, had a duty to drive the vehicle in a careful and prudent manner,
having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances,
so as to not endanger the life, limb, or property of any person.
10. As a driver of a motor vehicle upon the streets or highways in the State of Florida,
Defendant, Floyd Thomas Sparks, had a duty to not drive at a speed that was greater than is
reasonable and prudent under the conditions and having regard to the actual and potentially
existing hazards. Defendant, Floyd Thomas Sparks had a duty to control the vehicle’s speed to
avoid colliding with any person or vehicle in compliance with the duty of all persons to use due
care,
11. As a driver of a motor vehicle upon the streets or highways in the State of Florida,
Defendant, Floyd Thomas Sparks, had a duty to not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and
the condition of, the highway.
12. Defendant, Floyd Thomas Sparks, breached the duty to drive in a careful and
prudent manner on the early evening of September 18, 2019; he breached the duty to drive at a
reasonable and prudent speed to avoid hitting another vehicle on September 18, 2019; and, he
breached the duty to not follow another vehicle more closely than was reasonable and prudent on
September 18, 2019. All of these breaches of duties of care caused Defendant’s vehicle to crash
into the Plaintiff’s vehicle.
13. Defendant, Floyd Thomas Sparks, should have had enough time to avoid the accident
had he been paying attention to the road, and driving in a careful and prudent manner.
14. Defendant’s, Floyd Thomas Sparks’s, aforementioned negligent actions, inactions,
and/or omissions, were a substantial factor in causing the crash and were the proximate and
foreseeable cause of Plaintiff's injuries, losses, harms, and damages.
3
15. As a direct and proximate result of the crash set forth herein, and the negligence of
Defendant, Floyd Thomas Sparks, the Plaintiff, Donna Maria Large, suffered bodily injury and
resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life,
expenses of medical treatment, loss of earnings, and loss of the ability to earn money. The losses
are permanent and continuing in nature, and the Plaintiff will suffer losses in the future.
WHEREFORE, the Plaintiff, Donna Maria Large, hereby demands judgment against
Defendant, Floyd Thomas Sparks, for compensatory damages in excess of Thirty Thousand Dollars
($30,000.00) exclusive of costs and interest, together with costs and prejudgment interest that has
previously been liquidated. Plaintiff further demands any other further relief that this Court deems
just and proper, and the Plaintiff demands a trial by jury on all triable issues.
COUNT I~ CLAIM FOR UNINSURED MOTORIST BENEFITS AGAINST
DEFENDANT, FARMERS CASUALTY INSURANCE COMPANY, formerly
known as METROPOLITAN CASUALTY INSURANCE COMPANY
16. The Plaintiff realleges and incorporates by reference paragraphs 1, 3, 5-8, and 9
through 14, above, as though fully set forth herein.
17. Upon information and belief, and at all times material hereto, Defendant, Floyd
Thomas Sparks, was and uninsured/underinsured motorist under Florida law because his liability
insurance was not sufficient to cover the full measure of Plaintiff’s damages.
18. The Plaintiff is of the belief that Defendant Sparks will be unable to fully
compensate the Plaintiff for the harms, losses, and damages Plaintiff incurred and, thus, it is
necessary to bring this uninsured/underinsured motorist action to compensate Plaintiff for the
harms and losses she sustained.
19, On the evening of September 18, 2019, Plaintiffs policy of insurance covering her
2005 Ford Explorer included Uninsured/Uninsured Motorist benefits. The policy (policy number
4
3860362491) was in full force and effect, and the insurer was Metropolitan Casualty Insurance
Company (See Exhibit “A”),
20. Metropolitan Casualty Insurance Company is now known as Farmers Casualty
Insurance Company.
21. Upon information and belief, the vehicle owned and driven by Defendant, Floyd
Thomas Sparks, on the evening of September 18, 2019, did not have sufficient liability coverage
to cover the full measure of Plaintiffs damages.
22. By virtue of Defendant, Floyd Thomas Sparks’s, negligent actions, inactions,
and/or omissions, his truck crashed into the Plaintiff's vehicle, causing her permanent injuries.
Defendant Sparks’s negligence was a cause-in-fact and proximate cause of Plaintiff's injuries.
23. Since the vehicle driven by Defendant Sparks was uninsured/underinsured, Plaintiff
demanded that uninsured/underinsured motorist benefits be paid from her policy of insurance with
Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty
Insurance Company, referenced herein.
24. Plaintiff fully and substantially complied with all of the notice provisions, and all
of the conditions, set forth in her policy of insurance with Defendant, Farmers Casualty Insurance
Company, formerly known as Metropolitan Casualty Insurance Company, referenced herein.
25. Despite notice of a valid claim, and demand, for uninsured/underinsured motorist
benefits from a covered insured, Defendant, Farmers Casualty Insurance Company, formerly
known as Metropolitan Casualty Insurance Company, has failed and refused to pay
uninsured/underinsured motorist benefits for the damages sustained in the crash by Plaintiff.
26. Defendant’s failure and/or refusal to pay uninsured/underinsured motorist benefits
to Plaintiff for her injuries is a breach of Defendant’s, Farmers Casualty Insurance Company’s,
5
formerly known as Metropolitan Casualty Insurance Company’s, contract of insurance with
Plaintiff.
27. Plaintiff has suffered damages by virtue of Defendant’s, Farmers Casualty
Insurance Company’s, formerly known as Metropolitan Casualty Insurance Company’s, breach of
the insurance contract, including, but not necessarily limited to, bodily injury and resulting pain
and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expenses of
medical treatment, loss of earnings, and loss of the ability to earn money. The losses are permanent
and continuing in nature, and the Plaintiff will suffer losses in the future.
28. Plaintiff has been required to retain the services of the undersigned attorneys to
represent and protect the Plaintiff's interests and entitlement to insurance coverage, and Plaintiff
is obligated to pay a reasonable attorneys’ fee for their services.
WHEREFORE, the Plaintiff, Donna Maria Large, hereby demands judgment against
Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty
Insurance Company, for compensatory damages in excess of Thirty Thousand Dollars
($30,000.00) exclusive of costs and interest, together with costs and prejudgment interest that has
previously been liquidated. Plaintiff demands a reasonable attorneys’ fee be awarded upon
recovery pursuant to Section 627.428, Florida Statutes. Plaintiff further demands any other further
relief that this Court deems just and proper, and the Plaintiff demands a trial by jury on all triable
issues.
WHEREFORE, the Plaintiff, Donna Maria Large, demands judgment against both of the
Defendants, Floyd Thomas Sparks, and Farmers Casualty Insurance Company, formerly known as
Metropolitan Casualty Insurance Company, for compensatory damages in excess of Thirty
6
Thousand Dollars ($30,000.00) exclusive of costs and interest together with costs and prejudgment
interest for that portion of the compensatory damages which have been previously liquidated. The
Plaintiff, Donna Maria Large, has suffered bodily injury and resulting pain and suffering,
disability, mental anguish, loss of capacity for enjoyment of life, expenses of medical treatment,
loss of earnings, and loss of the ability to earn money. The losses are permanent and continuing
in nature, and the Plaintiff will suffer losses in the future. Plaintiff finally demands against all
Defendants any other such further relief to which the Plaintiff may be entitled, and the Plaintiff
demands a trial by jury of all issues so triable.
Mth.
Dated this | TP say of July, 2021.
Brett D, Sahm, Esquire
Florida Bar #60597
Jeffrey M. Byrd, P.A.
2620 E. Robinson Street
Orlando, FL 32803
(407) 423-1313
(407) 422-5297 (fax)
Attorney for Plaintiff
brett@aggressiveattorneys.com
rosanna@aggressiveattorneys.com
pleadings@aggressiveattorneys.com
(Page 1 of 57)
(
MetLife Auto & Home®
Dayton Customer Service Center
9797 Springboro Pike, Dayton, Ohio 45448
This is to certify that the attached insurance policy is a true and accurate representation of
the insurance policy described below:
Named Insured(3 : DONNA M LARGE
Policy Type: Auto
Policy Number: 3860362491
Issuing Insurance Company: _Metropolitan Casualty Insurance Company
As of Date: 09/18/2019
Signed by: Dave Letter,
woe nee
Notary: Pehiuse,
ad Mosher
met ne nee
Date: _10/28/2019
Nae
ey
PATRICIA
L MASSIE
NOTARY PUBLIC OHIO
MY COMNASSION
EXPIRES 03-25-24
i
Qs
SARE
Melt if@® Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its Affiliates, Warwick, RI
MPL9192.078 Printed in U.S.A. L105
evwHleit A
MethifexAuto 8 Home” Metropolitan Casualty Insurance Company 06/17/2019
ST 09
( Automobile Insurance Declarations
Policy Number: 3860362491
Page 1. of 2 ,
Policy Effective Date: 08/06/2019
Policy Expiration Date: 02/06/2020
ti 2:01 A.M. Standard Time Renewal Effective Date: 08/06/2019
Named Insured:
DONNA M LARGE
13839 FAIRWAY ISLAND DR
ORLANDO FL 32837 You have selected our Payroll Deduction Plan. Your
premium deductions will be reflected on your payroll
statement.
beey pe
Insured Vehicle(s)
Veh Year Make Model Vehicle ID Number Com/Col Sym Terr
4 2014 FORD MUSTANG 1ZVBP8AMXE5286967 25/29 66
2 2005 FORD EXPLORE SUV 4FMZU63KX5UA49827 ATT 66
iis
Coverage Description Applicable Limits Semi-Annual Premiums
2005
Personal Injury Protection $ 10,000 Each Person 78 79
Deductible Applies to $ 500 Deductible
Named Insured and Relatives
Liability
Bodily Injury 100,000 Each Person/
300,000 Each Accident 178 507
Property Damage 100,000 Each Accident 67 153
Uninsured Motorists
Bodily Injury Stacked 100,000 Each Person/
300,000 Each Accident 184 175
Physical Damage 2014 2005
FORD FORD
Actual Cash Value (ACV) or Limit ACV ACV
Collision Less Deductible § 500 $ 500 121 127
Comprehensive Less Deductible $ 500 8 500 52 40
Towing and Labor Limit $ 50 $ 50 Incl Incl
Optional Coverages
Substitute Transportation $ 25 Day/$ 750 Accident 12
Lease or Loan Gap
Total Semi-Annual Premium: $ 1,780.00 Vehicle Totals: 687 1093
Deductible Savings Benefit (DSB)$ 250
Deductible Savings reduces Collision or Comprehensive deductibles, excluding towing and glass claims, effective
08/06/2019 for claims occurring after this date. Your next anniversary date |s 02/06/2020.
This policy is hereby countersigned by: MOY.
(Mallife Auto & Hom is a brand of Metropolitan Property and Casually Insurance Company and its affiates, Warwick, Ri.
MPL 1380-000 Printed in U.S.A.0298
MethifesAuté &Home Metropolitan Casualty Insurance Company 06/17/2019
{ Automobile Insurance Declarations {
ST 09
Policy Number: 3860362491
Policy Effective Date: 08/06/2019 Page 2 of 2
Policy Expiration Date; 02/06/2020
:01 A.M. Standard Time Renewal Effective Date: 08/06/2019
Forms and Endorsements
MPL 6010-000 FL550 FL600E FL700E FL702B FL911 FL405C V507
FL550
Discounts
The following have been included in the total semi-annual premium:
MetRewards Discount
Airbag Discount applies to 2014 FORD 2005 FORD
Anti-lock Brake Discount applies to 2014 FORD 2005 FORD
Anti-theft Discount applies to 2014 FORD 2005 FORD
Payroll Discount
Homeownership Discount applies
Good Student Discount
Auto Policy Plus, including
Individual Life / Annuity
A Special Group Rate applies
Rating Information
Household Drivers.
07/05/1967 DONNA M LARGE Married
Licensed 35 Years
08/07/1998 MATTHEW T LARGE Single
Licensed 04 Years
IF YOU HAVE A DRIVER IN YOUR HOUSEHOLD WHO IS NOT LISTED ABOVE, PLEASE NOTIFY US IMMEDIATELY.
Interested Parties
2014 FORD Lien/Loss Payee: JP MORGAN CHASE BANK
PO BOX 901033 FT WORTH TX 76101
_
For service or claims, see the Customer
Service and Claim Directory located on
the back of your cover page.
293 - AST -8
Motife Auto & Home is a brand of Metropolitan Properly and Casualty Insurance Company and its afiiates, Warwick, Rl
(page 4 of 57)
MetLife Auto & Home’
Auto
Insurance Policy
MetLife Auto & Home is a brand of Metropolitan Property and Casually Insurance Company and ts Affiliates, Warwick, RI
MPL 6000-000 Printed in U.S.A. 1299
(Page $§ of 57)
AUTO INSURANCE POLICY
WHERE TO FIND IT
PAGE
INSURANCE AGREEMENT AND DECLARATIONS
GENERAL DEFINITIONS
AUTOMOBILE LIABILITY
Additional Definitions For This Coverage
Coverage Provided
Additional Benefits We Will Provide
Coverage Exclusions
Limit Of Liability
Conformity With Financial Responsibility Laws
Out Of State Insurance
Reductions
Other Insurance
PERSONAL INJURY PROTECTION
AUTOMOBILE MEDICAL EXPENSE
Additional Definitions For This Coverage
Coverage Provided
Coverage Exclusions
Limit Of Liability
Other Insurance
Medical Expense Review
UNINSURED AND UNDERINSURED MOTORISTS
Additional Definitions For These Coverages
Uninsured Motorists Coverage 10
Underinsured Motorists Coverage 1
Coverage Exclusions 11
Settlement 12
Limit Of Liability 12
Reductions 12
Other Insurance 12
PHYSICAL DAMAGE 13
Additional Definitions For These Coverages 13
Coverage Provided 14
Comprehensive 14
Collision 14
Towing And Labor 14
Substitute Transportation 15
Additional Costs We Will Pay 15
Coverage Exclusions 15
Maximum Amount We Will Pay 17
Other Insurance 17
Your Duties In The Event Of Loss 17
MPL 6010-000 Printed in U.S.A, 0900
(Page 6 of 57)
No Benefit To Bailee 17
Right To Appraisal 17
Payment Of Loss 18
GENERAL POLICY CONDITIONS 18
Territory And Policy Period 18
Premium Changes 18
Fraud And Misrepresentation 19
Other Automobile Insurance With Us 19
If An Accident Or Loss Occurs 19
Your Duty To Cooperate 19
Lawsuits Against Us 19
Medical Reports; Proof And Payment Of Claim 20
Our Recovery Right 20
Policy Changes 24
Assignment 21
Termination 21
Loss Payable Clause 22
INDEX OF POLICY PROVISIONS 24
(Page 7 of 57)
THE COMPANY NAMED IN THE DECLARATIONS
Administrative Offices: Warwick, Rhode Island
AUTO INSURANCE POLICY
INSURANCE AGREEMENT AND DECLARATIONS
This insurance policy is a legal contract between you (the policyholder) and us (the Company named in
the Declarations). It insures you and your automobile for the various kinds of insurance you have
selected, as shown in the Declarations. The Declarations are an important part of this policy. By
accepting this policy, you agree that the statements contained in the Declarations and in any application
are your true and accurate representations. This policy is issued and renewed in reliance upon the truth
of those representations. This policy contains all agreements between you and us and any of our sales
representatives relating to this insurance. You must pay the required premium.
The exact terms and conditions are explained in the following pages.
GENERAL DEFINITIONS
The following words and phrases appear in bold-face type repeatedly throughout this policy. They have a
special meaning and are to be given that meaning whenever used in connection with this policy and any
endorsement which is part of this policy:
“AUTOMOBILE” means a private passenger automobile, pick-up truck, panel truck or van, designed for
use mainly on public roads.
“BODILY INJURY" means any bodily injury, sickness, disease or death sustained by any person.
"LOSS" means direct and accidental loss or damage.
“MOTOR VEHICLE" means a land motor vehicle designed for use mainly on public roads other than:
1. a farm type tractor or other farm equipment designed for use principally off public roads, while not
upon public roads;
2. a vehicle operated on rails or crawler-treads;
3. a vehicle while located for use as a residence or premises; or
4. a vehicle used as a dwelling or place of business.
“OCCUPYING" and "OCCUPIED" mean being in or upon, entering into, or alighting from a motor
vehicle.
"PROPERTY DAMAGE" means physical injury to or destruction of tangible property, including the loss of
use of such property.
"RELATIVE" means a person related to you by blood, marriage or adoption (including a ward or foster
child) and who resides in your household.
“TRAILER" means a traller designed for use with an automobile which is not used as an office, store,
MPL6010-000 Printed in U.S.A. 0900 Pago 1 of 24
(Page 8 of 57)
4
display, or passenger trailer. A farm wagon or farm implement is a trailer when used with an automobile,
"WE", "US", "OUR" and "COMPANY" mean the company named in the Declarations.
"YOU" and "YOUR" mean the person(s) named in the Declarations of this policy as named insured and
the spouse of such person or persons if a resident of the same household.
AUTOMOBILE LIABILITY
ADDITIONAL DEFINITIONS FOR THIS COVERAGE
The following definitions apply to this coverage only:
“COVERED AUTOMOBILE" means:
41. an automobile owned by you or hired under a written contract for one year or more, which is
described in the Declarations, and for which a specific premium is charged.
2, an automobile newly acquired by you, if:
a. it replaces a vehicle described in the Declarations; or
b. itls an additional automobile, but only if:
i we insure all other automobiles owned by you on the date of acquisition;
i you notify us within 30 days of acquisition of your election to make this and no other policy
issued by us applicable to the automobile; and
fil, you pay any additional premium required by us.
3. a substitute automobile.
"INSURED" means:
1. with respect to a covered automobile:
a. yOu;
b. any relative; or
c. any other person using it within the scope of your permission.
with respect to a non-owned automobile, you or any relative.
The operation or use of such vehicle must have been with the permission of, or reasonably believed to
have been with the permission of, the owner. The operation or use must also have been within the
scope of the permission given.
any other person or organization If liable due to the acts or omissions of any person described in 1. or
2. above. This provision does not apply if the vehicle is a non-owned automobile owned or hired by
the person or organization.
MPL 6010-000 Printed in U.S.A. 0800 Page 2 of 24
ao eee we cent eee ee ee oe eee eee wae en e ona
(Page 9 of 87)
f (
“NON-OWNED AUTOMOBILE" means:
an automobile which is not owned by, furnished to, or made available for regular use to you or any
resident in your household.
EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any
resident in your household, is considered a non-owned automobile when used by you.
2. a commercially rented automobile used by you or a relative on a temporary basis.
"SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same
household and which is used with the owner's permission to replace for a short time a covered
automobile. he covered automobile has to be out of use for servicing or repair or because of
breakdown, loss or destruction.
COVERAGE PROVIDED
We will pay damages for bodily injury and property damage to others for which the law holds an
insured responsible because of an accident which results from the ownership, maintenance or use of a
covered automobile, a non-owned automobile or a trailer while being used with a covered
automobile or non-owned automobile. We will defend the insured, at our expense with attorneys of
our choice, against any suit or claim seeking these damages, We may investigate, negotiate or settle any
such suit or claim.
ADDITIONAL BENEFITS WE WILL PROVIDE
In addition to the limits of liability, we will pay the following expenses Incurred In connection with any
claim or suit to which the policy applies:
4 Premiums on the following bonds:
a. Appeal bonds in any sult we defend.
b. Bonds to release attachments in any suit we defend. The total amount of the bonds must not
exceed our limit of liability.
Up to $250 for any bail bond needed because of an accident or traffic violations arising out of the
ownership, maintenance or use of a covered automobile.
We have no duty to furnish or apply for any bonds.
Court costs levied against the insured,
Post-judgment interest on all damages following a Judgment until we pay, offer or deposit in court the
amount due up to our limit of liability.
Expenses incurred by the insured for first aid to others at the time of a motor vehicle accident.
Up to $200 per day for lost wages, but not for loss of other income, if we ask the insured to attend a
hearing or trial.
Other reasonable expenses incurred at our request.
MPL 6010-000 Printed in U.S.A. 0900 Page 3 of 24
(Page 10 of 57)
COVERAGE EXCLUSIONS
We do not cover:
A. bodily injury to any employee of an insured arising out of his or her employment, except domestic
employees who are not covered or required to be covered under any workers compensation law.
bodily injury to a fellow employee while on the jab and arising from the use of a motor vehicle or
trailer in the business of his employers.
EXCEPTION: You are covered in this situation.
bodily injury or property damage covered under an atomic or nuclear energy liability insurance
policy, or that would have been covered had that policy not been terminated upon exhaustion of its
limit of liability.
any motor vehicle rented to others or used to carry persons for a charge.
EXCEPTION: This exclusion does not apply to shared expense car pools.
E. bodily injury or property damage arising out of the business or occupation of selling, leasing,
repairing, servicing, storing, or parking vehicles or trailers.
EXCEPTION: This exclusion does not apply to the use of a covered automobile by you, a relative,
or by any other person in any such business In which you have an interest as owner or partner.
any non-owned automobile while used by any person in any business or accupation,
EXCEPTION: This exclusion does not apply to an automobile or trailer used therewith, if driven or
occupied by you or your chauffeur or domestic servant.
property damage caused by any insured to:
41. an automobile that is owned by, rented to, operated by, or in the care of that insured; or
2. any other property that is owned by, rented to, or in the care of any insured. This exclusion does
not apply to a rented dwelling or private garage.
bodily injury or property damage caused intentionally by or at the direction of an insured.
bodily injury to you or any person related to an insured by blood, marriage, or adoption who resides
in the same household, This exclusion applies regardless of whether demand is made or suit is
brought against the insured by the injured person or by a third party seeking contribution or
indemnity.
bodily injury or property damage awards designated as punitive, exemplary, or statutory multiple
damages.
any motor vehicle while it is located inside a facility designed for racing, for the purpose of competing
in, practicing for, or preparing for, any prearranged or organized racing or speed contest.
a non-owned automobile while used by a relative who owns, leases or has available for their regular
use, a motor vehicle not described in the Declarations.
M, any motorized vehicle which has less than four wheels.
MPL 6010-000 Printed in U.S.A. 0900 Page 4 of 24
(Page 11 of 57)
LIMIT OF LIABILITY
The limit of liability shown in the Declarations for “each person" for Bodily Injury Liability is the most we
will pay for all damages, Including damages for care, loss of consortium, emotional distress, loss of
services or death, arising out of bodily injury sustained by any one person as the result of any one
accident. Subject to this limit for “each person", the limit shown in the Declarations for "each accident" for
Bodily Injury Liability is the most we will pay for all damages, including damages for care, loss of
consortium, emotional distress, loss of services or death, arising out of bodily Injury sustained by two or
more persons resulting from any one accident.
The limit of liability shown in the Declarations for “each accident" for Property Damage Liability is the
most we will pay for all damages to all property resulting from any one accident.
If a single limit of liability is shown in the Declarations for bodily injury and property damage, it is the
maximum we will pay for any one accident for all damages, including damages for care, loss of
consortium, emotional distress, loss of services or death.
The limit of liability shown in the Declarations for this coverage Is our maximum IImit of liability for all
damages resulting from any one accident. This Is the most we will pay regardless of the number of:
1. covered persons;
2. claims made;
3. vehicles or premiums shown in the Declarations; or
4. vehicles involved in the accident.
A motor vehicle and attached trailer are considered one vehicle.
If notice of this policy is given in lieu of security or if we certify this policy as proof under any financial
responsibility law, the limit of liability will be applied to provide separate limits for bodily injury liability and
property damage liability to the extent required by such law. Such separate application will not increase
the total limit of our liability.
CONFORMITY WITH FINANCIAL RESPONSIBILITY LAWS
If we certify this policy under any financial responsibility law, this liability coverage will comply to the
extent of the liabillty coverage and limits required by the law.
OUT OF STATE INSURANCE
If any insured becomes subject to a financial responsibility law or the compulsory insurance law or
similar laws of another state or Canada because of the ownership, maintenance, or use of a covered
automobile in that state or Canada, we will interpret this policy to provide the coverage required by those
laws. The coverage provided shall be reduced to the extent that other automobile liability insurance
applies. No person may in any event collect more than once for the same loss.
REDUCTIONS
Any amount payable to any person under this section will be reduced by any amount that person is paid
under the Uninsured and Underinsured Motorists coverage portion of this policy.
MPL 6010-000 Printed In U.S.A. 0900 Page 6 of 24
(Page 12 of 57)
\
OTHER INSURANCE
If there Is other similar insurance, we will pay our fair share.
However, with respect to a non-owned automobile or a substitute automobile, this insurance will be
excess over any other insurance. If there is other excess or contingent insurance, we will pay our fair
share.
Our fair share is the proportion that our limit bears to the total of all applicable limits.
PERSONAL INJURY PROTECTION
If applicable, see special state provisions.
AUTOMOBILE MEDICAL EXPENSE
ADDITIONAL DEFINITIONS FOR THIS COVERAGE
The following definitions apply to this coverage only:
“COVERED AUTOMOBILE" means:
1. an automobile owned by you or hired under a written contract for one year or more, which is
described in the Declarations, and for which a specific premium is charged.
2. an automobile newly acquired by you, if:
a. it replaces a vehicle described in the Declarations; or
b. itis an additional automobile, but only if:
i we insure all other automobiles owned by you on the date of acquisition;
i you notify us within 30 days of acquisition of your election to make this and no other policy
issued by us applicable to the automobile; and
iii. you pay any additional premium required by us.
3. a substitute automobile.
“MEDICAL EXPENSES" means usual, customary and reasonable expenses for necessary medical,
surgical, x-ray, ambulance, hospital, professional nursing, funerals and dental services, including
prosthetic devices.
“NON-OWNED AUTOMOBILE" means:
1. an automobile, while being used by you or a relative with the owner's permission, which is not
owned by, furnished to, or made available for regular use to you or any resident in your household.
EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any
resident in your household, is considered a non-owned automobile when used by you.
MPL 6010-000 Printed In U.S.A. 0900 Page 6 of 24
(Page 13 off 57)
2. a commercially rented automobile used by you or a relative on a temporary basis.
“SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same
household and which is used with the owner's permission to replace for a short time a covered
automobile. The covered automobile has to be out of use for servicing or repair or because of
breakdown, loss or destruction.
COVERAGE PROVIDED
We will pay reasonable medical expenses incurred by you or any relative for bodily injury as a result
of an accident involving a motor vehicle or trailer while being used with an automobile.
We will pay reasonable medical expenses incurred by any other person for bodily injury as a result of:
1. occupying or using a covered automobile at the time of the accident with your consent;
2 being struck by a covered automobile; or
3. occupying a non-owned automobile if the bodily inj
Preview
Filing # 131025666 E-Filed 07/20/2021 01:57:36 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: DONNA MARIA LARGE, Plaintiff, VS. FLOYD THOMAS SPARKS, and FARMERS CASUALTY INSURANCE COMPANY, formerly known as METROPOLITAN CASUALTY INSURANCE COMPANY Defendant. / COMPLAINT The Plaintiff, Donna Maria Large, sues the Defendants, Floyd Thomas Sparks and Metropolitan Casualty Insurance Company, and alleges: 1 This lawsuit involves a car crash that occurred in Osceola County, Florida, and Plaintiffs cause of action accrued in Osceola County. Therefore, jurisdiction in Osceola County, Florida, is proper pursuant to Section 47.011, Florida Statutes. 2 Defendant, Floyd Thomas Sparks, is an Osceola County, Florida, resident. 3 Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, is a Rhode Island corporation, that does business in the State of Florida, and keeps an office for the transaction of customary business in Osceola County, Florida. 4 The amount in controversy herein exceeds $30,000.00, so jurisdiction is proper in Circuit Court pursuant to Sections 34.01, Fla. Stat., and 26.012(2)(a), Fla. Stat. 5 On the early evening of September 18, 2019, Plaintiff, Donna Maria Large, was driving a Ford Explorer northbound, in the left lane of U.S. Highway 441, approaching the intersection of Mary Louis Lane, in Kissimmee, Florida. 6 While Ms. Large was driving on U.S. Highway 441, she saw a pedestrian standing in the middle of the road signaling for her to stop, and the pedestrian’s vehicle was stopped in the adjacent lane with its emergency flashers/hazard lights on. Ms. Large had no choice but to stop because, otherwise, she would have struck the pedestrian. Ms. Large also put her emergency flashers/hazard lights on. 7. Defendant, Floyd Thomas Sparks, was driving a Ford F-150 pickup that was behind Ms. Large’s vehicle in the left-hand lane. Without paying attention to the traffic in front of him and going far too fast for the roadway conditions, Defendant Sparks slammed the pick-up truck he was driving into the rear of Plaintiffs vehicle. As a result, Defendant failed to maintain the proper distance between his vehicle and Plaintiff's vehicle; he was driving much too fast for the traffic conditions; and, he failed to pay attention to the traffic ahead of the vehicle he was driving. 8 Plaintiff sustained permanent injuries as a result of the crash that was negligently caused by the Defendant, Floyd Thomas Sparks. COUNT I-NEGLIGENCE AGAINST FLOYD THOMAS SPARKS 8 Plaintiff realleges and incorporates by reference paragraphs 1, 2, and 5 through 8, above, as though fully set forth herein. 9 As a driver of a motor vehicle upon the streets or highways in the State of Florida, Defendant, Floyd Thomas Sparks, had a duty to drive the vehicle in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic, and all other attendant circumstances, so as to not endanger the life, limb, or property of any person. 10. As a driver of a motor vehicle upon the streets or highways in the State of Florida, Defendant, Floyd Thomas Sparks, had a duty to not drive at a speed that was greater than is reasonable and prudent under the conditions and having regard to the actual and potentially existing hazards. Defendant, Floyd Thomas Sparks had a duty to control the vehicle’s speed to avoid colliding with any person or vehicle in compliance with the duty of all persons to use due care, 11. As a driver of a motor vehicle upon the streets or highways in the State of Florida, Defendant, Floyd Thomas Sparks, had a duty to not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon, and the condition of, the highway. 12. Defendant, Floyd Thomas Sparks, breached the duty to drive in a careful and prudent manner on the early evening of September 18, 2019; he breached the duty to drive at a reasonable and prudent speed to avoid hitting another vehicle on September 18, 2019; and, he breached the duty to not follow another vehicle more closely than was reasonable and prudent on September 18, 2019. All of these breaches of duties of care caused Defendant’s vehicle to crash into the Plaintiff’s vehicle. 13. Defendant, Floyd Thomas Sparks, should have had enough time to avoid the accident had he been paying attention to the road, and driving in a careful and prudent manner. 14. Defendant’s, Floyd Thomas Sparks’s, aforementioned negligent actions, inactions, and/or omissions, were a substantial factor in causing the crash and were the proximate and foreseeable cause of Plaintiff's injuries, losses, harms, and damages. 3 15. As a direct and proximate result of the crash set forth herein, and the negligence of Defendant, Floyd Thomas Sparks, the Plaintiff, Donna Maria Large, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expenses of medical treatment, loss of earnings, and loss of the ability to earn money. The losses are permanent and continuing in nature, and the Plaintiff will suffer losses in the future. WHEREFORE, the Plaintiff, Donna Maria Large, hereby demands judgment against Defendant, Floyd Thomas Sparks, for compensatory damages in excess of Thirty Thousand Dollars ($30,000.00) exclusive of costs and interest, together with costs and prejudgment interest that has previously been liquidated. Plaintiff further demands any other further relief that this Court deems just and proper, and the Plaintiff demands a trial by jury on all triable issues. COUNT I~ CLAIM FOR UNINSURED MOTORIST BENEFITS AGAINST DEFENDANT, FARMERS CASUALTY INSURANCE COMPANY, formerly known as METROPOLITAN CASUALTY INSURANCE COMPANY 16. The Plaintiff realleges and incorporates by reference paragraphs 1, 3, 5-8, and 9 through 14, above, as though fully set forth herein. 17. Upon information and belief, and at all times material hereto, Defendant, Floyd Thomas Sparks, was and uninsured/underinsured motorist under Florida law because his liability insurance was not sufficient to cover the full measure of Plaintiff’s damages. 18. The Plaintiff is of the belief that Defendant Sparks will be unable to fully compensate the Plaintiff for the harms, losses, and damages Plaintiff incurred and, thus, it is necessary to bring this uninsured/underinsured motorist action to compensate Plaintiff for the harms and losses she sustained. 19, On the evening of September 18, 2019, Plaintiffs policy of insurance covering her 2005 Ford Explorer included Uninsured/Uninsured Motorist benefits. The policy (policy number 4 3860362491) was in full force and effect, and the insurer was Metropolitan Casualty Insurance Company (See Exhibit “A”), 20. Metropolitan Casualty Insurance Company is now known as Farmers Casualty Insurance Company. 21. Upon information and belief, the vehicle owned and driven by Defendant, Floyd Thomas Sparks, on the evening of September 18, 2019, did not have sufficient liability coverage to cover the full measure of Plaintiffs damages. 22. By virtue of Defendant, Floyd Thomas Sparks’s, negligent actions, inactions, and/or omissions, his truck crashed into the Plaintiff's vehicle, causing her permanent injuries. Defendant Sparks’s negligence was a cause-in-fact and proximate cause of Plaintiff's injuries. 23. Since the vehicle driven by Defendant Sparks was uninsured/underinsured, Plaintiff demanded that uninsured/underinsured motorist benefits be paid from her policy of insurance with Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, referenced herein. 24. Plaintiff fully and substantially complied with all of the notice provisions, and all of the conditions, set forth in her policy of insurance with Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, referenced herein. 25. Despite notice of a valid claim, and demand, for uninsured/underinsured motorist benefits from a covered insured, Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, has failed and refused to pay uninsured/underinsured motorist benefits for the damages sustained in the crash by Plaintiff. 26. Defendant’s failure and/or refusal to pay uninsured/underinsured motorist benefits to Plaintiff for her injuries is a breach of Defendant’s, Farmers Casualty Insurance Company’s, 5 formerly known as Metropolitan Casualty Insurance Company’s, contract of insurance with Plaintiff. 27. Plaintiff has suffered damages by virtue of Defendant’s, Farmers Casualty Insurance Company’s, formerly known as Metropolitan Casualty Insurance Company’s, breach of the insurance contract, including, but not necessarily limited to, bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expenses of medical treatment, loss of earnings, and loss of the ability to earn money. The losses are permanent and continuing in nature, and the Plaintiff will suffer losses in the future. 28. Plaintiff has been required to retain the services of the undersigned attorneys to represent and protect the Plaintiff's interests and entitlement to insurance coverage, and Plaintiff is obligated to pay a reasonable attorneys’ fee for their services. WHEREFORE, the Plaintiff, Donna Maria Large, hereby demands judgment against Defendant, Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, for compensatory damages in excess of Thirty Thousand Dollars ($30,000.00) exclusive of costs and interest, together with costs and prejudgment interest that has previously been liquidated. Plaintiff demands a reasonable attorneys’ fee be awarded upon recovery pursuant to Section 627.428, Florida Statutes. Plaintiff further demands any other further relief that this Court deems just and proper, and the Plaintiff demands a trial by jury on all triable issues. WHEREFORE, the Plaintiff, Donna Maria Large, demands judgment against both of the Defendants, Floyd Thomas Sparks, and Farmers Casualty Insurance Company, formerly known as Metropolitan Casualty Insurance Company, for compensatory damages in excess of Thirty 6 Thousand Dollars ($30,000.00) exclusive of costs and interest together with costs and prejudgment interest for that portion of the compensatory damages which have been previously liquidated. The Plaintiff, Donna Maria Large, has suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expenses of medical treatment, loss of earnings, and loss of the ability to earn money. The losses are permanent and continuing in nature, and the Plaintiff will suffer losses in the future. Plaintiff finally demands against all Defendants any other such further relief to which the Plaintiff may be entitled, and the Plaintiff demands a trial by jury of all issues so triable. Mth. Dated this | TP say of July, 2021. Brett D, Sahm, Esquire Florida Bar #60597 Jeffrey M. Byrd, P.A. 2620 E. Robinson Street Orlando, FL 32803 (407) 423-1313 (407) 422-5297 (fax) Attorney for Plaintiff brett@aggressiveattorneys.com rosanna@aggressiveattorneys.com pleadings@aggressiveattorneys.com (Page 1 of 57) ( MetLife Auto & Home® Dayton Customer Service Center 9797 Springboro Pike, Dayton, Ohio 45448 This is to certify that the attached insurance policy is a true and accurate representation of the insurance policy described below: Named Insured(3 : DONNA M LARGE Policy Type: Auto Policy Number: 3860362491 Issuing Insurance Company: _Metropolitan Casualty Insurance Company As of Date: 09/18/2019 Signed by: Dave Letter, woe nee Notary: Pehiuse, ad Mosher met ne nee Date: _10/28/2019 Nae ey PATRICIA L MASSIE NOTARY PUBLIC OHIO MY COMNASSION EXPIRES 03-25-24 i Qs SARE Melt if@® Auto & Home is a brand of Metropolitan Property and Casualty Insurance Company and its Affiliates, Warwick, RI MPL9192.078 Printed in U.S.A. L105 evwHleit A MethifexAuto 8 Home” Metropolitan Casualty Insurance Company 06/17/2019 ST 09 ( Automobile Insurance Declarations Policy Number: 3860362491 Page 1. of 2 , Policy Effective Date: 08/06/2019 Policy Expiration Date: 02/06/2020 ti 2:01 A.M. Standard Time Renewal Effective Date: 08/06/2019 Named Insured: DONNA M LARGE 13839 FAIRWAY ISLAND DR ORLANDO FL 32837 You have selected our Payroll Deduction Plan. Your premium deductions will be reflected on your payroll statement. beey pe Insured Vehicle(s) Veh Year Make Model Vehicle ID Number Com/Col Sym Terr 4 2014 FORD MUSTANG 1ZVBP8AMXE5286967 25/29 66 2 2005 FORD EXPLORE SUV 4FMZU63KX5UA49827 ATT 66 iis Coverage Description Applicable Limits Semi-Annual Premiums 2005 Personal Injury Protection $ 10,000 Each Person 78 79 Deductible Applies to $ 500 Deductible Named Insured and Relatives Liability Bodily Injury 100,000 Each Person/ 300,000 Each Accident 178 507 Property Damage 100,000 Each Accident 67 153 Uninsured Motorists Bodily Injury Stacked 100,000 Each Person/ 300,000 Each Accident 184 175 Physical Damage 2014 2005 FORD FORD Actual Cash Value (ACV) or Limit ACV ACV Collision Less Deductible § 500 $ 500 121 127 Comprehensive Less Deductible $ 500 8 500 52 40 Towing and Labor Limit $ 50 $ 50 Incl Incl Optional Coverages Substitute Transportation $ 25 Day/$ 750 Accident 12 Lease or Loan Gap Total Semi-Annual Premium: $ 1,780.00 Vehicle Totals: 687 1093 Deductible Savings Benefit (DSB)$ 250 Deductible Savings reduces Collision or Comprehensive deductibles, excluding towing and glass claims, effective 08/06/2019 for claims occurring after this date. Your next anniversary date |s 02/06/2020. This policy is hereby countersigned by: MOY. (Mallife Auto & Hom is a brand of Metropolitan Property and Casually Insurance Company and its affiates, Warwick, Ri. MPL 1380-000 Printed in U.S.A.0298 MethifesAuté &Home Metropolitan Casualty Insurance Company 06/17/2019 { Automobile Insurance Declarations { ST 09 Policy Number: 3860362491 Policy Effective Date: 08/06/2019 Page 2 of 2 Policy Expiration Date; 02/06/2020 :01 A.M. Standard Time Renewal Effective Date: 08/06/2019 Forms and Endorsements MPL 6010-000 FL550 FL600E FL700E FL702B FL911 FL405C V507 FL550 Discounts The following have been included in the total semi-annual premium: MetRewards Discount Airbag Discount applies to 2014 FORD 2005 FORD Anti-lock Brake Discount applies to 2014 FORD 2005 FORD Anti-theft Discount applies to 2014 FORD 2005 FORD Payroll Discount Homeownership Discount applies Good Student Discount Auto Policy Plus, including Individual Life / Annuity A Special Group Rate applies Rating Information Household Drivers. 07/05/1967 DONNA M LARGE Married Licensed 35 Years 08/07/1998 MATTHEW T LARGE Single Licensed 04 Years IF YOU HAVE A DRIVER IN YOUR HOUSEHOLD WHO IS NOT LISTED ABOVE, PLEASE NOTIFY US IMMEDIATELY. Interested Parties 2014 FORD Lien/Loss Payee: JP MORGAN CHASE BANK PO BOX 901033 FT WORTH TX 76101 _ For service or claims, see the Customer Service and Claim Directory located on the back of your cover page. 293 - AST -8 Motife Auto & Home is a brand of Metropolitan Properly and Casualty Insurance Company and its afiiates, Warwick, Rl (page 4 of 57) MetLife Auto & Home’ Auto Insurance Policy MetLife Auto & Home is a brand of Metropolitan Property and Casually Insurance Company and ts Affiliates, Warwick, RI MPL 6000-000 Printed in U.S.A. 1299 (Page $§ of 57) AUTO INSURANCE POLICY WHERE TO FIND IT PAGE INSURANCE AGREEMENT AND DECLARATIONS GENERAL DEFINITIONS AUTOMOBILE LIABILITY Additional Definitions For This Coverage Coverage Provided Additional Benefits We Will Provide Coverage Exclusions Limit Of Liability Conformity With Financial Responsibility Laws Out Of State Insurance Reductions Other Insurance PERSONAL INJURY PROTECTION AUTOMOBILE MEDICAL EXPENSE Additional Definitions For This Coverage Coverage Provided Coverage Exclusions Limit Of Liability Other Insurance Medical Expense Review UNINSURED AND UNDERINSURED MOTORISTS Additional Definitions For These Coverages Uninsured Motorists Coverage 10 Underinsured Motorists Coverage 1 Coverage Exclusions 11 Settlement 12 Limit Of Liability 12 Reductions 12 Other Insurance 12 PHYSICAL DAMAGE 13 Additional Definitions For These Coverages 13 Coverage Provided 14 Comprehensive 14 Collision 14 Towing And Labor 14 Substitute Transportation 15 Additional Costs We Will Pay 15 Coverage Exclusions 15 Maximum Amount We Will Pay 17 Other Insurance 17 Your Duties In The Event Of Loss 17 MPL 6010-000 Printed in U.S.A, 0900 (Page 6 of 57) No Benefit To Bailee 17 Right To Appraisal 17 Payment Of Loss 18 GENERAL POLICY CONDITIONS 18 Territory And Policy Period 18 Premium Changes 18 Fraud And Misrepresentation 19 Other Automobile Insurance With Us 19 If An Accident Or Loss Occurs 19 Your Duty To Cooperate 19 Lawsuits Against Us 19 Medical Reports; Proof And Payment Of Claim 20 Our Recovery Right 20 Policy Changes 24 Assignment 21 Termination 21 Loss Payable Clause 22 INDEX OF POLICY PROVISIONS 24 (Page 7 of 57) THE COMPANY NAMED IN THE DECLARATIONS Administrative Offices: Warwick, Rhode Island AUTO INSURANCE POLICY INSURANCE AGREEMENT AND DECLARATIONS This insurance policy is a legal contract between you (the policyholder) and us (the Company named in the Declarations). It insures you and your automobile for the various kinds of insurance you have selected, as shown in the Declarations. The Declarations are an important part of this policy. By accepting this policy, you agree that the statements contained in the Declarations and in any application are your true and accurate representations. This policy is issued and renewed in reliance upon the truth of those representations. This policy contains all agreements between you and us and any of our sales representatives relating to this insurance. You must pay the required premium. The exact terms and conditions are explained in the following pages. GENERAL DEFINITIONS The following words and phrases appear in bold-face type repeatedly throughout this policy. They have a special meaning and are to be given that meaning whenever used in connection with this policy and any endorsement which is part of this policy: “AUTOMOBILE” means a private passenger automobile, pick-up truck, panel truck or van, designed for use mainly on public roads. “BODILY INJURY" means any bodily injury, sickness, disease or death sustained by any person. "LOSS" means direct and accidental loss or damage. “MOTOR VEHICLE" means a land motor vehicle designed for use mainly on public roads other than: 1. a farm type tractor or other farm equipment designed for use principally off public roads, while not upon public roads; 2. a vehicle operated on rails or crawler-treads; 3. a vehicle while located for use as a residence or premises; or 4. a vehicle used as a dwelling or place of business. “OCCUPYING" and "OCCUPIED" mean being in or upon, entering into, or alighting from a motor vehicle. "PROPERTY DAMAGE" means physical injury to or destruction of tangible property, including the loss of use of such property. "RELATIVE" means a person related to you by blood, marriage or adoption (including a ward or foster child) and who resides in your household. “TRAILER" means a traller designed for use with an automobile which is not used as an office, store, MPL6010-000 Printed in U.S.A. 0900 Pago 1 of 24 (Page 8 of 57) 4 display, or passenger trailer. A farm wagon or farm implement is a trailer when used with an automobile, "WE", "US", "OUR" and "COMPANY" mean the company named in the Declarations. "YOU" and "YOUR" mean the person(s) named in the Declarations of this policy as named insured and the spouse of such person or persons if a resident of the same household. AUTOMOBILE LIABILITY ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only: “COVERED AUTOMOBILE" means: 41. an automobile owned by you or hired under a written contract for one year or more, which is described in the Declarations, and for which a specific premium is charged. 2, an automobile newly acquired by you, if: a. it replaces a vehicle described in the Declarations; or b. itls an additional automobile, but only if: i we insure all other automobiles owned by you on the date of acquisition; i you notify us within 30 days of acquisition of your election to make this and no other policy issued by us applicable to the automobile; and fil, you pay any additional premium required by us. 3. a substitute automobile. "INSURED" means: 1. with respect to a covered automobile: a. yOu; b. any relative; or c. any other person using it within the scope of your permission. with respect to a non-owned automobile, you or any relative. The operation or use of such vehicle must have been with the permission of, or reasonably believed to have been with the permission of, the owner. The operation or use must also have been within the scope of the permission given. any other person or organization If liable due to the acts or omissions of any person described in 1. or 2. above. This provision does not apply if the vehicle is a non-owned automobile owned or hired by the person or organization. MPL 6010-000 Printed in U.S.A. 0800 Page 2 of 24 ao eee we cent eee ee ee oe eee eee wae en e ona (Page 9 of 87) f ( “NON-OWNED AUTOMOBILE" means: an automobile which is not owned by, furnished to, or made available for regular use to you or any resident in your household. EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any resident in your household, is considered a non-owned automobile when used by you. 2. a commercially rented automobile used by you or a relative on a temporary basis. "SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same household and which is used with the owner's permission to replace for a short time a covered automobile. he covered automobile has to be out of use for servicing or repair or because of breakdown, loss or destruction. COVERAGE PROVIDED We will pay damages for bodily injury and property damage to others for which the law holds an insured responsible because of an accident which results from the ownership, maintenance or use of a covered automobile, a non-owned automobile or a trailer while being used with a covered automobile or non-owned automobile. We will defend the insured, at our expense with attorneys of our choice, against any suit or claim seeking these damages, We may investigate, negotiate or settle any such suit or claim. ADDITIONAL BENEFITS WE WILL PROVIDE In addition to the limits of liability, we will pay the following expenses Incurred In connection with any claim or suit to which the policy applies: 4 Premiums on the following bonds: a. Appeal bonds in any sult we defend. b. Bonds to release attachments in any suit we defend. The total amount of the bonds must not exceed our limit of liability. Up to $250 for any bail bond needed because of an accident or traffic violations arising out of the ownership, maintenance or use of a covered automobile. We have no duty to furnish or apply for any bonds. Court costs levied against the insured, Post-judgment interest on all damages following a Judgment until we pay, offer or deposit in court the amount due up to our limit of liability. Expenses incurred by the insured for first aid to others at the time of a motor vehicle accident. Up to $200 per day for lost wages, but not for loss of other income, if we ask the insured to attend a hearing or trial. Other reasonable expenses incurred at our request. MPL 6010-000 Printed in U.S.A. 0900 Page 3 of 24 (Page 10 of 57) COVERAGE EXCLUSIONS We do not cover: A. bodily injury to any employee of an insured arising out of his or her employment, except domestic employees who are not covered or required to be covered under any workers compensation law. bodily injury to a fellow employee while on the jab and arising from the use of a motor vehicle or trailer in the business of his employers. EXCEPTION: You are covered in this situation. bodily injury or property damage covered under an atomic or nuclear energy liability insurance policy, or that would have been covered had that policy not been terminated upon exhaustion of its limit of liability. any motor vehicle rented to others or used to carry persons for a charge. EXCEPTION: This exclusion does not apply to shared expense car pools. E. bodily injury or property damage arising out of the business or occupation of selling, leasing, repairing, servicing, storing, or parking vehicles or trailers. EXCEPTION: This exclusion does not apply to the use of a covered automobile by you, a relative, or by any other person in any such business In which you have an interest as owner or partner. any non-owned automobile while used by any person in any business or accupation, EXCEPTION: This exclusion does not apply to an automobile or trailer used therewith, if driven or occupied by you or your chauffeur or domestic servant. property damage caused by any insured to: 41. an automobile that is owned by, rented to, operated by, or in the care of that insured; or 2. any other property that is owned by, rented to, or in the care of any insured. This exclusion does not apply to a rented dwelling or private garage. bodily injury or property damage caused intentionally by or at the direction of an insured. bodily injury to you or any person related to an insured by blood, marriage, or adoption who resides in the same household, This exclusion applies regardless of whether demand is made or suit is brought against the insured by the injured person or by a third party seeking contribution or indemnity. bodily injury or property damage awards designated as punitive, exemplary, or statutory multiple damages. any motor vehicle while it is located inside a facility designed for racing, for the purpose of competing in, practicing for, or preparing for, any prearranged or organized racing or speed contest. a non-owned automobile while used by a relative who owns, leases or has available for their regular use, a motor vehicle not described in the Declarations. M, any motorized vehicle which has less than four wheels. MPL 6010-000 Printed in U.S.A. 0900 Page 4 of 24 (Page 11 of 57) LIMIT OF LIABILITY The limit of liability shown in the Declarations for “each person" for Bodily Injury Liability is the most we will pay for all damages, Including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily injury sustained by any one person as the result of any one accident. Subject to this limit for “each person", the limit shown in the Declarations for "each accident" for Bodily Injury Liability is the most we will pay for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death, arising out of bodily Injury sustained by two or more persons resulting from any one accident. The limit of liability shown in the Declarations for “each accident" for Property Damage Liability is the most we will pay for all damages to all property resulting from any one accident. If a single limit of liability is shown in the Declarations for bodily injury and property damage, it is the maximum we will pay for any one accident for all damages, including damages for care, loss of consortium, emotional distress, loss of services or death. The limit of liability shown in the Declarations for this coverage Is our maximum IImit of liability for all damages resulting from any one accident. This Is the most we will pay regardless of the number of: 1. covered persons; 2. claims made; 3. vehicles or premiums shown in the Declarations; or 4. vehicles involved in the accident. A motor vehicle and attached trailer are considered one vehicle. If notice of this policy is given in lieu of security or if we certify this policy as proof under any financial responsibility law, the limit of liability will be applied to provide separate limits for bodily injury liability and property damage liability to the extent required by such law. Such separate application will not increase the total limit of our liability. CONFORMITY WITH FINANCIAL RESPONSIBILITY LAWS If we certify this policy under any financial responsibility law, this liability coverage will comply to the extent of the liabillty coverage and limits required by the law. OUT OF STATE INSURANCE If any insured becomes subject to a financial responsibility law or the compulsory insurance law or similar laws of another state or Canada because of the ownership, maintenance, or use of a covered automobile in that state or Canada, we will interpret this policy to provide the coverage required by those laws. The coverage provided shall be reduced to the extent that other automobile liability insurance applies. No person may in any event collect more than once for the same loss. REDUCTIONS Any amount payable to any person under this section will be reduced by any amount that person is paid under the Uninsured and Underinsured Motorists coverage portion of this policy. MPL 6010-000 Printed In U.S.A. 0900 Page 6 of 24 (Page 12 of 57) \ OTHER INSURANCE If there Is other similar insurance, we will pay our fair share. However, with respect to a non-owned automobile or a substitute automobile, this insurance will be excess over any other insurance. If there is other excess or contingent insurance, we will pay our fair share. Our fair share is the proportion that our limit bears to the total of all applicable limits. PERSONAL INJURY PROTECTION If applicable, see special state provisions. AUTOMOBILE MEDICAL EXPENSE ADDITIONAL DEFINITIONS FOR THIS COVERAGE The following definitions apply to this coverage only: “COVERED AUTOMOBILE" means: 1. an automobile owned by you or hired under a written contract for one year or more, which is described in the Declarations, and for which a specific premium is charged. 2. an automobile newly acquired by you, if: a. it replaces a vehicle described in the Declarations; or b. itis an additional automobile, but only if: i we insure all other automobiles owned by you on the date of acquisition; i you notify us within 30 days of acquisition of your election to make this and no other policy issued by us applicable to the automobile; and iii. you pay any additional premium required by us. 3. a substitute automobile. “MEDICAL EXPENSES" means usual, customary and reasonable expenses for necessary medical, surgical, x-ray, ambulance, hospital, professional nursing, funerals and dental services, including prosthetic devices. “NON-OWNED AUTOMOBILE" means: 1. an automobile, while being used by you or a relative with the owner's permission, which is not owned by, furnished to, or made available for regular use to you or any resident in your household. EXCEPTION: An automobile owned by, furnished to, or made available for regular use to any resident in your household, is considered a non-owned automobile when used by you. MPL 6010-000 Printed In U.S.A. 0900 Page 6 of 24 (Page 13 off 57) 2. a commercially rented automobile used by you or a relative on a temporary basis. “SUBSTITUTE AUTOMOBILE" means a motor vehicle not owned by you or any resident of the same household and which is used with the owner's permission to replace for a short time a covered automobile. The covered automobile has to be out of use for servicing or repair or because of breakdown, loss or destruction. COVERAGE PROVIDED We will pay reasonable medical expenses incurred by you or any relative for bodily injury as a result of an accident involving a motor vehicle or trailer while being used with an automobile. We will pay reasonable medical expenses incurred by any other person for bodily injury as a result of: 1. occupying or using a covered automobile at the time of the accident with your consent; 2 being struck by a covered automobile; or 3. occupying a non-owned automobile if the bodily inj