2
3
A. Who Is An Insured
1. You for any covered auto
2. Others with named insured's permission for covered "auto" that the named insured owns,
hires, or borrows EXCEPT: a. Owner of covered "auto" you hire or borrow except a "trailer attached to covered "auto"
you own
b. Named insured's employee if covered "auto" owned by him/her or his/her household
c. In auto business, except the named insured's
d. Anyone, other than the named insured's employee, partners (if "you" are a partnership),
members (if "you" are a LLC), lessee, or borrower, while loading and unloading
e. Partners (if partnership) or a member (if LLC) for individually owned "autos" or his/her
household
• Several ways to address this – the key is catching the partners before they title their new
car
3. Others with vicarious liability for the conduct of an "insured“
a. Extends insured status to ANYONE who may be held liable for the conduct of an "insured"
such as:
1) A general contractor for whom the insured is working
2) A charitable organization for whom the insured is doing work
4
NAMED
INSURED FOR A
COVERED AUTO
WHO IS AN INSURED?
PERMISSIVE USER
OF A COVERED
AUTO
EXCEPT
THE OWNER OR ANYONE
ELSE FROM WHOM YOU HIRE
OR BORROW A COVERED
"AUTO" **
EMPLOYEE IF THE COVERED
AUTO IS OWNED BY THE
EMPLOYEE OR A MEMBER OF
THEIR HOUSEHOLD **
ANYONE USING A COVERED
AUTO WHILE WORKING IN
THE AUTO BUSINESS UNLESS
THAT IS YOUR BUSINESS
LOADING AND UNLOADING
(Under certain circumstances)
PARTNER/MEMBER IF THE
COVERED AUTO IS OWNED
BY THE PARTNER/MEMBER
OR A MEMBER OF THEIR
HOUSEHOLD **
VICARIOUS
RESPONSIBILITY
** This coverage may be purchased by endorsement.
5
B. Policy period, coverage territory
1. Policy period - shown on declarations
2. Coverage territory a. USA, its territories and possessions, Puerto Rico and Canada
b. Anywhere in the world if Non-owned PPA for 30 days or less (Rental must be without a driver)
AND c. Suit is brought in territory shown in (a.) above
3. Mexico endorsements serve a limited purpose
Two or more coverage forms or policies issued by us
6
C. Other insurance
1. Primary I excess
a. Covered owned "auto" – primary
b. Covered non-owned "auto" – excess
c. Covered trailer
1) Excess connected to non-owned
2) Primary connected to owned covered "auto“
2. Primary for hired auto physical damage
3. Primary for "insured contract“
4. Pro rata when other insurance applies
on same basis
D. Premium audit
1. Policy is Composite rated
2. Audit Process
7
E. Loss Conditions
1. Appraisal for physical damage loss
2. Duties in the event of accident, claim, suit, or loss a. Prompt notice b. Assume no obligation, make no payment, and send copies of demands, summons or
legal papers. Cooperate with the insurer. Grant medical authorization and submit to
medical examination
c. Notify police in event of theft, protect damaged property, permit the insurer to
inspect before repair or disposition, give statement under oath
8
A. Liability Coverage
1. Owned autos exposures
2. Non-owned autos exposures
Example: employees driving their own autos
3. Hired or Borrowed auto exposures
Examples: rental cars, limos, etc.
B. Physical Damage Coverage
Options to protect against exposures such as:
1. Collision
2. Weather related, floods & quakes
3. Theft, vandalism
4. Miscellaneous other types of exposures that could damage an auto
9
A. Insuring Agreement
1. Promise to pay legal obligations of the "insured" for "Bodily Injury“ and "Property Damage"
• Definition of "Bodily Injury" and "Property Damage“
2. Promise to pay legal obligations of the "insured" for "Covered Pollution Cost or Expense“
a. Pollution liability is excluded; however there are a few exceptions for which "Covered
Pollution Cost or Expense“ applies.
b. Exclusions and exceptions
3. Right and duty to defend against a "suit“
a. No duty to defend if coverage does not apply
b. Insurer may settle any claim or suit
c. Duty to defend ends when limits have been exhausted by payments or judgments or
settlements
10
B. Coverage
1. "Loss" to covered "auto" or its equipment a. Comprehensive b. Specified causes of loss c. Collision
2. Glass Breakage, Hitting a Bird or Animal, Falling Objects or Missiles a. Paid under comprehensive if carried b. Glass breakage can be covered under collision - insured's option
• Typically filed as Comprehensive if the deductible is lower!
11
C. Exclusions-partial
1. Direct I indirect I concurrent a. Nuclear hazard
b. War
2. Racing
3. Wear and tear, freezing, mechanical, or electrical breakdown or road damage to tires
4. Electronic equipment and media a. Tapes, records, discs or similar audio, visual or data electronic devices
b. Radar detectors
c. Electronic equipment that reproduces, receives or transmits audio, visual or data signal
d. Any accessories used with the electronic equipment described in c. above
e. The exclusion of c. and d. do not apply to equipment designed to be operated solely by
use of the power form the “auto’s” electrical system that is:
1) Permanently installed in or upon the covered auto;
2) Removable from a housing that is permanently installed in or upon the covered auto;
3) Integral part of the same housing unit;
4) Necessary for normal operation of the covered “auto”
12
5. “Diminution in Value”
D. Limits of Insurance – Pays the lessor of
1. Pays the lesser of
a. ACV at time of “loss” or
b. Cost to repair or replace with like kind and quality
• No obligation to use manufactures original parts
2. $1,000 limit for audio, visual, data electronic equipment that is a. permanently installed in housing, opening for location not normally used by the manufacturer for such equipment b. removable from permanently installed housing not normally used by manufacture, or c. Use CA 99 60 Audio, Visual and Data Electronic Equipment Coverage Added Limits if needed to increase the sublimit
3. Adjustment for depreciation and no payment for betterment
E. Deductible
1. Per covered “auto”
2. Comprehensive deductible does not apply to “loss” caused by fire or lightning
13
F. Newly Acquired
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are used In Item Two of the declarations to trigger coverage
Newly acquired autos of the same described type will
AUTOMATICALLY have that coverage FOR THE
REMAINDER OF THE POLICY PERIOD
2. BUT, if Symbol 7 is used in Item Two of the declarations to trigger Coverage a. An additional unit will be covered ONLY if that insurance company
covers all owned autos for that specific coverage
OR
A replacement auto will be covered only with the same coverage as the unit it replaces b. AND, must notify company within 30 days of acquisition for additional or replacement
If symbol 7 is used, you acquired auto for that coverage otherwise there is coverage.
MUST tell the company within 30 days of purchase that you want them to insure the newly
NO
3. Symbol 10 – Can be used for items that would fall into an “other” category. (scheduled trailers, autos with a different type of coverage, etc)
14
G. Certain Trailers, Mobile Equipment, And Temporary Substitute Autos –
Liability Only
1. Trailers - 2,000 lbs. load capacity
2. "Mobile equipment" - carried or towed by a covered "auto" a) Dovetails with the GL exclusion
Example: Front-end Loader rolls off the back of a trailer towed by an owned power unit - severely crunches the vehicle behind it.
3. Temporary substitute
Must be substituted for one of the following reasons: a) Breakdown b) Repair or Servicing c) Loss d) Destruction
May be any type of vehicle, even if it is substituting for a PP type.
15
16
A. Coverage Extensions
1. Transportation Expenses - a. $20 per day I $600 maximum b. Arising from total theft of covered private-passenger-type "auto“
2. Loss of Use Expenses - Hired Auto Physical Damage a. Insured must be legally responsible under a written rental contract b. $20 per day I $600 maximum for loss of use of a rental car
Reminder: Must have symbol 8 Hired Auto indicated under Physical Damage section of Item
Two
17
B. Additional Coverage Extensions
1.
Supplementary payments - in addition to limit of insurance a. All expenses the insurer incurs b. Up to $2000 for cost of bail bonds due to covered accident c. Cost of bonds to release attachments d. Reasonable expenses incurred by an "insured" at insurer's request, including up to $250 per day for loss of earnings e. Court costs taxed against "insured" in any "suit" the insurer defends
• Does not include attorneys' fees or attorneys‘ expenses f. Post-judgment interest
• Unlike GL, which covers Pre and Post judgment interest
2.
Out-of-state coverage extensions a. Increase liability limits
• Typically comes into play when there are different PIP laws, or financial
responsibility minimums b. Provide minimum amounts and types of other coverage required by law
18
ENDORSEMENTS
AM84 17 Abuse or Molestation Exclusion Endorsement
AM08 14 Attorney General Endorsement
CA 2002 Audio, Visual and Data Electronic Equipment Coverage, Fire Policy and Emergency Vehicles
CNA09 04 Audit Basis Beginning/Ending Inventory
CA 2048 Designated Insured for Covered Autos Liability Coverage
CA 99 47 Employee As Lessor
CA 99 33 Employee As Insureds
CA 20 54 Employee Hired Autos
CA 0445 Golf Carts and Low Speed Vehicle
CA 99 16 Hired Auto Specified As Covered Auto You Own
CA 20 01 Lessor - Additional Insured and Loss Payee
CA 01 21 Limited Mexico Coverage
CA 2015 Mobile Equipment
AC 01 11 Notice of Accident Endorsement
AM09 14 Texas Tort Claims Act Special limits
CA 04 44 Waiver of Rights of Recovery Against Others to Us
19
(Form CA 01 21)
The coverage territory is extended to include Mexico but only for: a)"Accidents" or "losses" occurring within 25 miles of the United States border; and
b) Trips into Mexico of 10 days or less
Physical Damage Coverage is amended to include repairs to covered autos made in Mexico that are necessary in order for the vehicle to be driving
Excess Coverage over other applicable policies
• US and Canadian auto insurance is not valid in Mexico.
• US and Canadian auto insurance is not recognized by
Mexican authorities.
• If you do not have Mexican liability insurance, you may be prevented from departing the country even if you require lifesaving medical care, and you are almost certain to spend some time in jail.
• Your US or Canadian insurance does not cover theft or physical damage to your vehicle while in Mexico.
• Go to the following hyperlink: http://www.thejenkinsagencyinc.com/SORMMexicoAutoProgram.a
spx
• Complete all fields on the form and click the “Submit” button (if you have any questions about these fields please call The Jenkins
Agency at 866-226-4311).
•
• A submission message will pop up and within 30 minutes, and the employee traveling to Mexico will receive a phone call from the
Jenkins Agency. The employee will need to provide the following information:
– Date of birth
– Driver’s license number
– License plate of the vehicle they are driving
– Whether it is a state-owned or personal owned vehicle
• If you have a claim in Mexico, be sure to REPORT it IN MEXICO. Call the toll free number provided in the policy documents. One of the biggest mistakes people make is thinking they can report a claim once they get home. The problem with this is how to verify that the claim actually occurred in Mexico?
• When you call the toll free number, an adjuster will be dispatched to the scene of the accident; they will complete a report and let you know what's next. Be sure to get a copy of the adjuster's report. It will help with the follow up process. So PLEASE report the claim in
Mexico.
• If you choose to have your vehicle repaired in Mexico, the insurance company can provide the name of a shop that the insurance company is familiar with.