You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page.
Turn on more accessible mode
Turn off more accessible mode
Skip Ribbon Commands
Skip to main content
Turn off Animations
Turn on Animations
Find an Agent
Find State Association
Staff Listing by Department
Join The Big "I"
Join Your State Association
Big "I" Resources
Ask an Expert
E&O Risk Management
How To Start An Independent Agency
Agency Universe Study
Market Share Report
Frequently Asked Questions
Trusted Choice Disaster Relief Fund
Crump Life Insurance Services
Big “I” Markets
Virtual Risk Consultant
Other Non-Insurance Programs
Education & Events
Ask an Expert
Fall Leadership Conference
Big “I” Trusted Choice® Championship
Events & Webinars Calendar
Events & Webinars Calendar
IIABA National On Demand Webinars
News & Publications
Big "I" News
News & Views
Two For Tuesday
Big I Advantage Newsletter
ACT News – Subscribe
Ask an Expert
Certificates of Insurance Resources
Where You Reside
VU Consumer Articles
Is Insurance a Commodity?
TRIA Resource Page
Talent Recruitment and Development
ABEN Online E&O
VU Faculty Bios
Agency Management Experts
Insurance Coverage Experts
From the Editor
"Ask an Expert" Briefs
“Pollution” Incident…BAP or CGL?
Leaked fluids from a wreck of two vehicles were not properly cleaned up by a private firm. As a result, a motorcyclist was seriously injured when he slid through the oil slick. In the claim against the private firm, would this be a BAP or CGL exposure? Does the pollution exclusion in either policy apply?
BAP Coverage for Auto Hired with Driver
An event planner wants to expand his services to include hiring a shuttle van, shuttle bus, or limo as a part of a package deal when planning large events. The agent seems to remember that the ISO BAP excludes hiring an auto with a driver but can’t find any exclusions in the coverage form which address this exposure. Is he missing something?
If a BAP Has Symbols 8 & 9, Is the Drive Other Car (DOC) Endorsement Needed?
A customer with a d/b/a sole proprietorship owns two autos covered by a BAP written with Symbols 7, 8, and 9. She drives one, largely on business, and her retired husband drives the other. You have a chance to bid on her insurance and note that she does not have the DOC endorsement. When you bring it up, she tells you her current agent says they don’t need it and symbols 7, 8, and 9 give her “full coverage.” Is that true?
Is DOC Needed if the BAP Has Symbol 1?
A commercial prospect's CEO drives a company car. The current agent told the CEO that DOC coverage is not necessary if Symbol 1 coverage is used for liability since it covers 'any auto.' I disagree but would like help with some examples of why DOC should be added.
Should CGL and BAP Be Written in the Same Insurer?
One of the most common claim scenarios reported through the VU “Ask an Expert” service involves injury or damage arising from the loading or unloading of a vehicle or its operation as mobile equipment when the CGL and auto policies have been written with different carriers. This article provides four reasons why it may be advisable to place both policies with the same insurer.
Abusing the Pollution Exclusion
A contractor was hauling an oil tank on his flatbed trailer to a disposal site. The tank leaked a small amount of oil onto the road and a motorcycle in back of the truck slid on the oil, injuring the driver. The insurance carrier denied the loss based on the pollution exclusion. Do you agree? We don't and here's why....
BAP Coverage for Employees' Property
An employee operating an employer-owned auto negligently damages his own property, e.g., striking his own private vehicle or garage at home. Does the BAP liability coverage respond to a claim for recovery for this type of damage to the employee's own property?
Business Auto or Workers Compensation Claim?
An insured was operating a company-owned vehicle after hours for personal use. He is required to carry a pager as he is on call 24 hours for emergencies. He was involved in a car accident and injured as a result of the accident. Does workers compensation apply or the business auto PIP coverage? The workers comp and auto are written in different companies and, of course, each is denying the loss, claiming that it is covered by the other policy.
Care, Custody or Control and Separation of Insureds
In the article, 'The 'Work You Performed' Exclusion,' it is pointed out that damage to a customer's auto during an ongoing operation, absent garagekeepers coverage, is often denied due to the care, custody or control liability exclusion. However, this might not always be the case if the Separation of Insureds provision controls.
Does 2 + 8 + 9 = 1?
For whatever reason(s), some carriers are more willing to write business auto liability coverage under Symbols 2, 8, and 9, rather than Symbol 1. Recently, we received an 'Ask an Expert' question from an agent who's BAP insurer insisted on Symbols 2, 8 & 9 saying, according to the agent, that they were equivalent to Symbol 1. What do you think...are these essentially the same? According to our BAP gurus, NO!
Snow Plowing...BAP or CGL?
Your commercial insured hires an independent contractor to snowplow his lot. If your insured is sued, under his BAP should he have at least Symbol 8, or 9 coverage? In other words, is this a hired or nonowned auto exposure? Or does he need a BAP at all for this claim? Could his CGL policy suffice?
Symbol 1 Coverage for Unreported Vehicles
In May, following a June renewal, one of the insured's vehicles was involved in a fatal auto accident. It was learned that the vehicle was purchased the previous May just before the renewal, but was inadvertently omitted when the schedule of vehicles was submitted with the renewal. Is there any liability coverage under Symbol 1?
The "Work You Performed" Exclusion
When a garage does repair work on an auto, it's possible that negligent or defective work could result in subsequent damage. For example, a leaky oil change could result in the engine seizing, a slipping fanbelt could cause overheating, an improperly repaired tire could cause an accident. At issue is what part of that resulting damage is covered or excluded by the garage policy? The answer may depend on a LOT of variables...and on the varying opinions of adjusters.
The BAP Completed Operations Exclusion...Don't Believe Everything You Read
Your insured is a large company that maintains its own vehicles. They serviced the brakes on a truck and, while being operated, the brakes failed, there was an accident, and two people were killed. The Business Auto Policy (BAP) carrier has denied the claim, citing the completed operations exclusion. The CGL doesn't cover ownership, maintenance, or use of an auto. You read the BAP and it appears the adjuster is correct....
Vicarious Liability for Employees: Are You Your Employees' Keeper?
With the mobility that technology offers in the form of cell phones, PDAs, and laptops, the ability to conduct business away from the traditional office has exposed employers to hazards not considered or dreamed of just a few years ago. Employers are subject to an ever-increasing chance of being held vicariously liable for the actions of their employees working outside of the traditional office.
Independent Insurance Agents & Brokers of America, Inc.
127 South Peyton Street
Alexandria VA 22314
Contact us at:
Independent Insurance Agents and Brokers of America, Inc.
2017 Independent Insurance Agents & Brokers of America, Inc. All rights reserved.
No portion of
this site may be reproduced in any manner without the prior written consent of IIABA®.
Notice: This Web site does not sell or otherwise transfer email addresses to others.