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…
Commercial Lines Auto
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…
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…
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…
Triggering Coverage Under the Individual Named Insured Endorsement
For coverage, individuals must be named on the Drive Other Car (DOC) endorsement. Is the same true for the Individual Named Insured (INI) endorsement? Does the individual’s name or names…
Auto Insurance Suspensions & Lay-Up Endorsements
Commercial insureds may take vehicles out of commission during certain times of the year. Likewise, personal auto insureds might winter in Florida and want to suspend their auto insurance for…
What’s the Difference Between a Leased and Rented Auto?
The insured has had exclusive use of a moving van for over six months. It is in their possession every day and is never returned except for required routine maintenance…
Individual Named Insured vs. Drive Other Car Endorsements
One of the most frequently asked questions about the Business Auto Policy (BAP) is when and why do you use the Individual Named Insured endorsement (CA 99 17) as opposed…
Auto Insurance Suspensions Revisited
Contractors may have autos like dump trucks and semi-tractors that they want to “lay up” while the vehicles are not needed during a construction slow-down. One contractor was told he…
Garagekeepers Gap…Contractual Liability
In the liability coverage of the garage policy (similar to that in the CGL), there is a contractual liability exclusion. However, the exclusion doesn’t apply to “liability for damages…[t]hat the…
