Your insured is a large company that maintains its own vehicles. They serviced the brakes on a truck and, while being operated, the brakes failed, there was an accident, and two people were killed. The Business Auto Policy (BAP) carrier has denied the claim, citing the completed operations exclusion. The CGL doesn’t cover ownership, maintenance,…
In the article, “The ‘Work You Performed’ Exclusion,” it is pointed out that damage to a customer’s auto during an ongoing operation, absent garagekeepers coverage, is often denied due to the care, custody or control liability exclusion. However, this might not always be the case if the Separation of Insureds provision controls.
An insured was operating a company-owned vehicle after hours for personal use. He is required to carry a pager as he is on call 24 hours for emergencies. He was involved in a car accident and injured as a result of the accident. Does workers compensation apply or the business auto PIP coverage? The workers…
For coverage, individuals must be named on the Drive Other Car (DOC) endorsement. Is the same true for the Individual Named Insured (INI) endorsement? Does the individual’s name or names need to be listed on the actual INI endorsement or is it all right if they are just listed individually as named insureds on the…
Commercial insureds may take vehicles out of commission during certain times of the year. Likewise, personal auto insureds might winter in Florida and want to suspend their auto insurance for several months to save money. In this article, we’ll discuss the issues involved and offer some caveats to help you avoid E&O claims.
The insured has had exclusive use of a moving van for over six months. It is in their possession every day and is never returned except for required routine maintenance provided by the owner. The insured pays for the truck on a month-to-month rental basis…there is no long-term lease. How can this be covered under…
One of the most frequently asked questions about the Business Auto Policy (BAP) is when and why do you use the Individual Named Insured endorsement (CA 99 17) as opposed to the Drive Other Car – Broadened Coverage for Named Individuals (CA 99 10) endorsement. Also, how do these endorsements affect a Personal Umbrella Policy?
Contractors may have autos like dump trucks and semi-tractors that they want to “lay up” while the vehicles are not needed during a construction slow-down. One contractor was told he could park the vehicles on their shop premises, turn in the tags, delete them from the auto policy, and they would be covered under the…
In the liability coverage of the garage policy (similar to that in the CGL), there is a contractual liability exclusion. However, the exclusion doesn’t apply to “liability for damages…[t]hat the ‘insured’ would have in the absence of the contract or agreement.” Now take a look at the contractual liability exclusion in the garagekeepers portion of…
With the mobility that technology offers in the form of cell phones, PDAs, and laptops, the ability to conduct business away from the traditional office has exposed employers to hazards not considered or dreamed of just a few years ago. Employers are subject to an ever-increasing chance of being held vicariously liable for the actions…
