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Rental Cars and Insurance: I Was Wrong (Sort of)

When your insured rents a car is the coverage provided by his/her personal auto policy primary or excess? The reality is, there is no one answer. The answer is a function of state law. Policy wording makes the PAP excess, but the rental agreement makes the insured’s PAP primary. Since there is disagreement, we have to turn to state law. Does state law require the rental car company to provide coverage to the renter? If so, then the PAP is excess; if not, the PAP may be primary (because excess of nothing (as stated in the rental agreement) is primary).

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