Automobile Coverages - The State Office of Risk Management

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State Office of Risk Management

Auto Symposium 2015

Commercial Statewide Auto

Program Basics

1. Business Auto

Conditions

2. Business Auto

Coverages

3. Business Auto

Coverage

Expansions

4. Endorsements

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1. Who is an insured

2. Coverage Territory

3. Other Insurance

4. Premium Audit

5. Lose Conditions and Duties in the

Event of a Loss

3

LIABILITY COVERAGE - SECTION II

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

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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.

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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

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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

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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

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2. Business Auto Coverages

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

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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

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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!

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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”

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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

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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)

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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.

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Business Automobile Coverage Extensions

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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

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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

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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

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Mexico Auto Coverage

Provided in Policy

(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

Why Separate Coverage for Mexico is

Necessary

• 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.

Statewide Coverage Program Summary

Available by Purchase

How to Purchase Mexico Auto

Coverage

• 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

Need to Know If You Have an Accident in Mexico

• 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.

CONTACT INFORMATION

Dale Sharpe Jenkins, M.S. CIC

The Jenkins Agency, Inc.

1161 Corporate Dr., West, Suite 306

Arlington, TX 76006 www.thejenkinsagencyinc.com

(817) 226 4311 office

(817) 226 4315 fax

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