Commercial Auto Flashcards
Property Exposures
1) Damage or Destruction of Vehicle
- Decrease in or loss of value
- Loss of use of auto until replaced
Owned Auto
- Owner or EE operates an auto owned by business
- Respondent Superior
- Assumes EE acting on ER behalf
- Covers loaner vehicles; temporarily replaces vehicle, not a rental
Respondent Superior
Let the ER Answer
Autos Not Owned by User
- Might have EE rent vehicles
- Might have vehicles in care; Bailee using vehicle
Hired/Borrowed Autos
- Some lease vehicles
Liability Assumed Under Contract
- Hold Harmless Agreement
- Might already be covered in another section
- Extra provision might require additional damages (rental, replacement, etc)
ER Non Ownership Liability
- ER use own cars in job duties
- Policy attached to car responds first
- Since furthering business interest, cold be held liable
Business Auto Coverage Form
- Covers auto loss exposures for a business
- Excludes dealers and motor carrier
- Business auto declaration form is longer and more detailed than most other coverage forms
Business Auto Coverage Form: Section 1
- Lots of Flexibility
- Liability on some and full coverage on others
- Coverage Symbol - numerical symbol on policy for each auto
Newly Acquired Auto
- Symbol 1 through 6; no need to notify insurer, coverage applies till the end of policy
- Symbol 7; cover if insurer insures all autos owned by a named insured or new auto replaces a previously covered auto, named insured asks insurer to cover auto within 40 days of acquisition
Section II
- Liability
- Bodily injury and property damage to others
- Covered pollution cost/expense; some pollution expenses covered, must be part of accident that also results in bodily inures or property damage that would be covered by the policy
- Duty to defend
Section II: out of State Coverage Exceptions
- Vehicle travels in state with higher minimum; policy limits match that new minim while in state
- Coverage is mandatory in different state that it applies while in state
Exclusions
- Intended Injury
- WC
- Property in care, custody or control (Inland Marine)
- War
- Racing
Section III
- Physical Damage
1) Collision: striking vehicle violently, overturn
2) Comprehensive: Any damage to vehicle; except collision or peril specifically excluded
3) Towing and Labor: Reimburse for toward and labor expenses from the disablement of a private passenger auto
4) Transportation Expenses: Substitute transportation expenses when a private passenger vehicle is disabled
Section III: Exclusions
- Nuclear hazards, war, military action
- War and tear, freezing, mechanical and electrical failure, road damage to tires
- Tapes, records, discs and similar devices
- Radar Detectors
- Diminution in value: actual or perceived loss in value from damaged property being repaired
Section III: Garage Coverage Form
- Covers auto and liability loss exposures of auto dealers
- As of 202 ISO form does not include auto service operations; CGL as endorsements
- Many still exclude in garage form: repair shops, service stations parking garages, tow truck operators
Section III Garage Keepers Coverage
- Damage left to auto in insured’s care
- attending
- Servicing
- Repairing
- Parking
- Storing
Garage Coverage Form: Direct Excess Option
- Will pay when insured is legally liable as primary
- When not liable will pay as excess after what customer can recover from their own policy
Garage Coverage Form: Direct Primary Option
- Will pay regardless of liability or existence of coverage by customer
Section IV
- Physical Damage
Section IV: Dealer’s Auto
- Not listed individually but in the aggregate
- Single overall limit
Section IV: Exclusions
- False Pretenses: Voluntary part with via truck, scheme, or other fraudulent means
- Drive-away: No collision coverage for auto being driven from point of purchase to destination over 50 miles; don’t want EE to use for personal use; limits use
Motor Carrier Coverage Form
- Used to known as Truckers Form
- Covers businesses that use autos to transport property of others or their own
- Owner Operators: independent contractors hired to haul goods for owner
- Motor Carrier: often providers liability coverage for owner operator during trip
Motor Carrier Gap In Coverage
When picking up goods or empty