Chapter 11 - Endorsements for use with Owner's Policies; Driver's Policy Flashcards
What is an endorsement?
- are attachments to a policy which vary the terms of the contract
- overrides any provision in policy which is inconsistent with it, unless a stipulation to the contrary is embodied therein
- it can broaden, restrict or alter coverage
- in ont endorsements are called policy change forms
What is the OPCF 2?
DRIVE OTHER AUTOS
- the purpose of this end is to expand on the definition of insured person for the purpose of third party liability when operating a non owned or other auto
- standard wording restricts coverage to named insured and spouse only, but this end allows drivers that are listed on that end to have the benefit of liability coverage while operating other autos or non owned autos
What is OPCF 3?
GOVERNMENT OWNED AUTOS
- when an insured also drives a gov owned auto, a special situation arises because the fed gov is not required to carry auto insurance
- this end provides coverage against liability imposed by law or assumed under contract/agreement for loss or damage arising from one of the insured perils
- notice that the person covered is the insured and not the gov that actually owns the auto
- in order to claim under this coverage, one would need to prove negligence on the part of the insured/insureds driver and that the peril insured against happened
- the following special conditions apply to this end.:
i) no more than 1 auto owned by the gov is in the care of the insured at one time
ii) coverage under this endorsement is subject to a limit per occurrence under physical damage section - a person who does not own an auto but who wants coverage while operating a gov owned auto, may purchase a drivers policy
What is OPCF 4 series?
PERMISSION
- a # of end are available to grant permission for the insured to use the auto for purposes otherwise excluded under policy:
i) explosives
ii) radioactive material
What is OPCF 5 series?
RENTED OR LEASED AUTOS
- the owners policy expressly excludes coverages if an auto is rented or leased to another, but permission to do so can be obtained by this end.
- when an auto is leased on a longterm basis, the lessee applies (on behalf of reg owner) for an owners policy
- the lessor as the reg owner of the auto, also has responsibilities under the insurance act and is protected under owners policy
- this end amends the policy conditions granting permission for the auto to be leased or rented on a longterm basis
- the lessee is given all the rights of a named insured including the right to grant permission for other persons to operate auto
What is OPCF 5D?
CONVERSION (lessee theft coverage)
- owners policy excludes loss/damage resulting from a dishonest claim of ownership, illegal disposal, or theft of auto by anyone who has legal possession of it under a written agreement (mortgage, cond. sale, lease) or from a change in ownership that is agreed to, even if that change was brought about by trickery or fraud
- this endorsement amends that exclusion to read..
“a written agreement except a lease. If a lessee disappears with the vehicle, a policy with this endorsement will pay the loss, assuming theft is otherwise covered under the policy. Coverage is subject to a ded”
What is OPCF 6 series?
PASSENGER RISKS
There are a number of endorsements available, each one designed for a particular purpose. The type of business must be clearly stated in the end. or protection may be jeopardized.
a) taxis, private buses
- used for risks such as taxis, private buses used to transport employees, hotel, golf and country club buses, car pools which do not qualify under general exclusions section 1 of owners policy and other uses where permission to carry passengers for compensation or hire is required and which would not qualify for one of the other specifically designed endorsements below.
note: autos used on behalf of volunteer orgs, driven by volunteer drivers to transport individuals, including those who receive reimbursement for driving expenses and meals, do not constitute as commercial exposure/need additional premium.
b) school buses
- sets liability limit on a per person basis rather than on an aggregate basis and performs the following functions:
i) gives permission to use the auto to carry passengers for compensation or hire for school purposes only
ii) provides specific coverage and separate limits for passenger hazard in addition to liability limit. Coverage for passengers is provided as long as bus is being used for school purposes.
iii) provides coverage for insured’s legal liability for loss of or damage to property of passengers in school bus
c) Public buses
This endorsement does the following:
i) gives permission to use the auto to carry passengers for compensation or hire
ii) grants specific coverage for BI to passengers and PD. The limits applicable to this coverage are specified in the endorsement and in addition to limits specified for liability coverage
OR
iii) instead of the above, gives the option of single limit coverage which includes passenger hazard and PD
d) Driver training school
- grants permission for auto to be used for driver training school purposes by amending coverage under liability section of policy to include the student driver/observer
- special limits of liability are specified for BI to student driver, which are in addition to limits shown on policy itself
note: if driving school is a secondary school, college, or uni, the endorsement would not be used
What is OPCF 8?
PROPERTY DAMAGE REIMBURSEMENT
- an insured may wish to have a third party liab PD ded or it may also be imposed at the insurers request to minimize small PD claims for which insured is responsible for
- when it is attached to policy, the insured agrees to reimburse the insurer the sum stated in end. or amount of loss (whichever is less)
- loss still must be reported to insurer
- is mainly used when heavy vehicles such as trucks are insured
What is OPCF 9?
AMPHIBIOUS VEHICLES
- since water risk with these vehicles is quite different and there are differences in laws pertaining to land and water transportation, only the auto risk is insured under the policy
- the water risk would be insurable under another form of policy, therefore an end. is attached to the policy excluding coverage for marine use of vehicle
What is OPCF 13?
RESTRICTING GLASS COVERAGE
- glass claims use up a good part of comp premiums especially where gravel roads are common
- insurers offer reduced premiums when this end. is used to limit glass cover under comp to specified perils which do not cover damage caused by gravel and stones
- underwriter may insist if insured makes frequent glass claims
What is OPCF 16 and 17?
SUSPENSION AND REINSTATEMENT OF CVG
- to provide for suspension of coverages at any time of the year
- this may occur when an insured wishes to park auto for winter or takes a long vacation
- this end. suspends coverage in relation to use or operation of described, NA, or TSA
- note: however, it maintains coverage in full force for liabilities arising from ownership of des auto (to maintain DCPD coverage while parked and struck by another auto) and also maintains coverage for operations of other autos (non owned), as well as AB if named insured, spouse, dependents, and listed drivers are injured as occupants of non owned auto/struck by uninsured non owned auto
- the suspended policy will remain in force for primary liab insurance if insured is driving non owned auto and as excess insurance
- as for AB the policy will be primary where there is no other insurance
- another end. is available to reinstate coverage
What is OPCF 19 series?
- was designed to limit the settlement on an auto in cases where ACV exceeds rating values used in auto rating manuals
- this end. restricts settlements under section 7 of policy to the lesser of ACV and the amt listed on end.
- the purpose of this form is to guard against paying claims on vehicles that have been customized
- end. requires heavy maintenance as limited values recorded should be adjusted annually to reflect their depreciated value
OPCF 19A Valued Auto Endorsement
- used if auto has equipment or are valued greater than their ACV
- insured would need an appraisal, pay a greater premium and be afforded a richer settlement
- this end would then override and enhance stat condition “insurer liable for cash value of auto”
What is OPCF 20?
COVERAGE FOR TRANSPORTATION REPLACEMENT
- policy provides loss of use or auto by theft up to a max amt per day and an overall max. This coverage is built in and no additional premium is charged
- loss of use arising out of other perils covered by the physical damage section of policy may be insured with this end.
- the limits are stated in the end. and are subject to policy ded, and an additional premium is charged
What is OPCF 22?
DAMAGE TO PROPERTY OF PASSENGERS
- owners policy excludes liability for damage to property of passengers
- some risks such as taxis/public buses may require coverage for legal liability for damage to such property
What is OPCF 23 series?
MORTGAGES AND LIENHOLDERS
- holders of a lien, mortgage, assignment of auto want to protect their financial interest in auto which is security for the money owed and could be compromised if auto is damaged/destroyed
Standard Mortgage End.
a) the lienholder protection end. is designed to protect the interest of lienholder, mortgagee, or assignee in the following ways:
i) if damage to auto covered by physical damage section of policy is not repaired, or lost/damage parts are not replaces, the loss will be payable - as their interests may appear - to both the mortgagee and the insured
ii) the insurer agrees to notify mortgagee in writing, of cancellation of policy, giving 15 days notice. This does not extend beyond expiration date of policy
note: mortgagee is provided with copy of this end. (not full policy) as evidence of coverage
Broad Form Mortgage End.
b) coverage under this end. is considerably broader than the coverage under above end., and comes with an additional premium
- this end. provides protection for lienholder in that a breach of condition by the insured or a misrep in app, or fraud by insured in making a claim will not invalidate protection as far as lienholder is concerned.
The lienholder agrees to the following:
1) if insured does not pay premiums, the lienholder will pay them on demand
2) when a material change comes to the attention of lienholder, he/she will notify insurer within 15 days of change, and pay on demand any additional premium arising from it
3) if lienholder knows of a misrep/other breach of policy conditions, he/she will notify insurer within 15 days of learning it
note: if insurer pays lienholder because of provisions of this end., where insured would not otherwise have been paid, insurer gains the right of recovery against insured