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Liability

A father’s nonresident daughter borrowed his camper trailer to be hauled by her SUV. Dad hooked the vehicles up. While the trailer was being towed, it somehow became uncoupled, and the tongue of the trailer rammed the rear of the daughter’s SUV, causing several thousand dollars damage. Dad thinks this is his fault and wants his PAP to pay. Will it?
A business transports people to various medical facilities such as routine doctor visits and other non-emergency appointments. How is the exposure arising from moving patients from the vehicle and into the medical facility, and vice versa, covered? Is it BAP or CGL? Is this a “loading and unloading” situation?
It is likely that a number of your personal lines customers participate in “Meals on Wheels” or similar volunteer services that involve the use of their autos. Do their auto policies cover them?
It is remarkable how many questions we get about exposures involving pulling trailers. Pulling personally-owned trailers with business-owned autos. Pulling business-owned trailers with personally-owned autos. Using trailers as music stages. And on and on. Here’s a very common one.
In practical application, the PAP extends coverage for the business use of a “your covered auto” provided it’s not used to carry people or property for a fee (i.e., Uber or Lyft). Absent material misrepresentation in the application regarding the use of the vehicle, the PAP responds to an incident arising from business use. But some carrier’s apply specific business use exclusions few ever pay attention to, until it’s too late.
In general, if someone is sued as a result of an auto accident, the personal auto policy (PAP) responds. Under certain circumstances, though, the homeowners (HO) policy might respond. In this article, we'll look at a claim where we believe that BOTH policies respond...despite the fact that (at least initially) adjusters for the PAP and HO carriers have denied the claim. Moral: READ the policy!
Company cars present a serious coverage gap under the Personal Auto Policy, an exposure that exists for a very high percentage of your insureds. Fortunately, in most cases, this exposure can be treated. This article explores two options for addressing this issue.
As a parent, do you ever transport high school (or other) kids to athletic events? Do you insure any parents, coaches, or others who transport kids to games, practices, camps, etc.? Do you/they use your own vehicle or a nonowned vehicle, from private passenger auto to van? Think you have a liability exposure? Think you have coverage under a PAP?
After years of instructing personal auto seminars, probably the question that comes up most often (except, perhaps, for rental car issues) is whether or not the ISO PAP covers claims that arise out of the use of a personal auto for pizza delivery. Here's my opinion (along with that of several courts)....
Question: 'How do you protect an insured who does not own an RV but might on some rare instance borrow one and get into a liability situation? A typical scenario occurs when the insured, while visiting friends or relatives, borrows an RV to go for a quick ride, gets into a negligent accident, and injures someone. After the accident, it is determined that there was no primary liability insurance in force for the borrowed RV. Where does this 'uninsured' customer turn for protection? Hopefully not my E&O!'
If a family member does something negligent that injures another family member, can the injured party file a liability claim under their common policy? Well, sometimes they can and sometimes they can't. It depends on the type of policy and/or statutes in the state of jurisdiction. In this article, we'll take a look at this personal lines issue.
While this article is based upon a personal auto claim, it involves principles that apply to virtually any type of liability insurance. At the heart of the issue is whether or not it's appropriate for a company to deny a claim simply because they feel their insured was not negligent or otherwise legally liable. As we'll see, the Insuring Agreement of most liability policies includes two duties: indemnity and defense.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Exclusions.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Financial Responsibility.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Insuring Agreement - Coverage.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Limit of Liability.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Other Insurance.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Out of State Coverage.
Liability coverage under a Personal Auto Policy is extremely broad with regard to vehicles, use and persons insured. For example, a person may have coverage for an accident in which they were not even involved, as well as the personal use of otherwise ineligible vehicles. In this section, we'll look at the Part A Supplementary Payments.
The current ISO PAP excludes the use of an auto as a public or livery conveyance. Older ISO versions excluded transporting property for a fee. However, some company forms exclude 'delivery.' Depending on the precise wording of the exclusion and the interpretation of the word 'delivery,' these policies may exclude far more than the ISO forms.
Between gasoline prices and roadways becoming more and more congested, it can be expected that car pooling will become increasingly popular, if not necessary, in many areas. In this article, I'll explore how car pools are treated in several editions of the ISO Personal Auto Policy.
'The Fast and the Furious' is a movie often viewed with delight by teenagers and adult adolescents everywhere. Perhaps it's no coincidence that since the movie's rlelease we've since had 'Ask an Expert' questions regarding Personal Auto Policy (PAP) coverage for accidents arising out of street racing, including one denied claim.
The ISO PAP excludes vehicles being used as a public or livery conveyance for liability, medical payments, and physical damage. This exclusion pops up in scenarios ranging from airport shuttles to pizza delivery. This article takes a quick look at the background of this exclusion then focuses on a particular application to a recent 'Ask an Expert' question.
A PAP insured works part-time for a nursing home and occasionally uses his van to transport nursing home patients and social services clients to doctor’s appointment or on other errands. Does the PAP cover him for these activities? Do these organization's BAPs cover him or his van?
One of the most common questions from both personal and commercial lines clients is, 'How much insurance do I need?' In this article, we'll take a look at some of the issues that must be considered in determining what liability limits are appropriate. This article uses both personal and commercial lines examples.
Commonly referred to as the 'company car exclusion,' the 'furnished or available for your regular use' exclusion can apply to a lot more than that. In addition, what constitutes 'regular'? For example, if you rent a car on vacation for a week, is that 'regular'? How about a month-long rental? How about 90 days? At what point is the vehicle available for your regular use? In this article, we'll examine this issue in the light of several court decisions and offer a simple and inexpensive solution to the exposure.