Personal Auto Policy Only

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

Private Passenger Auto

Private Passenger Auto - Shall be deemed to be owned by a person if the auto is owned or leased under contract for a continuous period of at least 6 months.

If the Declarations page indicates that either Collision or Other than Collision coverage applies to at least one vehicle, the insured has _____ days to report for either coverage to apply

14 days or coverage automatically doesn't apply

If newly acquired auto is an additional vehicle, insured must report to insurer within

14 days.

New Acquired Auto

A vehicle for which the insured becomes the owner during the policy period and may be a replacement or additional vehicle

Personal Auto Policy (PAP) 6 major Parts

A- Liability Coverage B- Medical Payments C- Uninsured Motorist D- Coverage For damage to your auto E- Duties after an accident or loss F- General Provisions

Temporary Substitute

Any auto or trailer that is non-owned while being used in place of an insured vehicle which not available because of breakdown, repair, servicing, loss, or destruction

Part C - Uninsured Motorists Coverage Arbitration

Arbitration If the insurer and the insured do not agree on the recovery of damages or the amount recoverable by the insured, each party may select an arbitrator (at each party's expense) who then jointly select a third arbitrator (with the expense split equally by each party). A decision agreed upon by the arbitrators will be binding as to the insured's entitlement to, and the amount of, damages.

Bodily Injury

Bodily Injury - Bodily harm, sickness, or disease, including death that results.

If the Declarations page indicates that NO Collision or Other than Collision coverage applies to at least one vehicle, the insured has ___ days to report for coverage to apply.

If the Declarations page indicates that NO Collision or Other than Collision coverage applies to at least one vehicle, the insured has 4 days to report for coverage to apply.

Business

Business - Includes trade, profession, or occupation. The courts have determined that business activities have two components: they are continuous in nature and offer the opportunity for profit.

Collision

Collision - The upset of the covered vehicle or a non-owned auto, or its impact with another vehicle or object, such as a tree. Collision is the single named peril in the policy.

Combined Single Limit

Combined Single Limit - The limit of the policy may be applied to bodily injury (BI) and/or property damage (PD). A combined single limit policy has a maximum aggregate per accident, regardless of the type of loss (BI or PD).

Part D - Coverage for Damage to Your Auto

Coverage Part D of the personal auto policy addresses coverage for damage to the insured's auto, also known as physical damage coverage. Part D provides first-party property damage coverage for the insured's covered autos and also provides some coverage for non-owned vehicles being operated or used by the insured and family members.

Family Member

Family Member - A person related to the named insured by blood, marriage, or adoption who is a resident of the named insured's household. A family member includes a ward or foster child.

Financial Responsibility

Financial Responsibility When the policy is certified as future proof of financial responsibility, the policy shall comply with the law to the extent required.

Part D - Coverage for Damage to Your Auto Insuring Agreement

Insuring Agreement Part D - Coverage for Damage to Your Auto pays for direct and accidental damage, regardless of fault, subject to the policy's exclusions - and those contained in this coverage part. Covered vehicles are Your Covered Auto and non-owned autos. Part D of the policy is the only section that defines non-owned auto. A deductible applies and will be the amounts shown on the Declarations for Collision coverage and Other Than Collision coverage, which is also known as comprehensive coverage. The deductibles for Collision and Other Than Collision coverages need not be the same. If this coverage pays for damage to a non-owned auto, the broadest coverage appearing on the Declarations will apply.

Added to who is considered insured under uninsured motorist coverage

Insuring Agreement (continued) In addition to the definition of "insured" that applies to the entire policy, the definition of "insured" for uninsured motorist's coverage means: The named insured or any family member. Any person occupying a "your covered auto." Any person who is entitled to recover damages because of bodily injury sustained by an insured and covered by the policy. For example, if Sue sustains bodily injury in an accident caused by an uninsured motorist, her children will be entitled to recover damages for loss of care when Sue is unable to care for them because she broke both her legs in the accident.

Part A Exclusions (continued)

Liability coverage is not provided for the ownership, maintenance, or use of: Vehicles that have fewer than four wheels, such as motorcycles Vehicles designed mainly for use off public roads, such as snowmobiles or ATVs. An exception applies for off-road vehicles used by an insured in a medical emergency, "trailers," or non-owned golf carts Vehicles owned by the insured that are not insured on this policy OR not owned by the insured but are furnished to the insured or available for the insured's regular use, such as a company car Vehicles owned by a family member that aren't insured by this policy OR not owned but are furnished to a family member or available for the family member's regular use, such as a company car Vehicles located inside a racing facility for the purpose of competing, practicing, or preparing for a race or speed contest

Limit of Liability

Limit of Liability The maximum limit paid under Part A - Liability Coverage is shown on the policy's Declarations. That limit applies per accident for all bodily injury and property damage arising from that one accident, including damages for care, loss of services, and a death. The limit shown in the Declarations is the most the insurer will pay in any one accident, regardless of the number of: Insureds Claims made Vehicles or premiums shown in the Declarations Vehicles involved in the accident

Occupying

Occupying - Means in, upon, getting in, getting on, getting out, or getting off a vehicle.

Part C - Uninsured Motorists Coverage Other Insurances

Other Insurance If more than one policy is in place and provides Uninsured Motorists Coverage, the total amount the insured may collect cannot exceed the highest limit applying to any one vehicle. For example, if the insured's limits are 100/300 and the limits on the other policy are 50/100, the most the insured may collect is 100/300. If the loss occurs while the insured is occupying a non-owned vehicle, the policy covering the non-owned vehicle is primary, and the insured's coverage is excess. If more than one policy applies, the insurer pays only its share of the loss, which is the proportion that its limit of liability bears to the total amount of all applicable coverage.

Other Insurance

Other Insurance If other auto liability insurance is in place at the time of the loss, the personal auto policy will only pay its share of the loss. That share is the proportion the policy's limit bears to all insurance in place. For example, if the policy provides $100,000 of property damage liability insurance and another policy also provides $100,000 of property damage liability insurance, the insured's policy will only pay ½ of the liability loss. Because the total insurance in place is $200,000 and the limit of liability provided by the insured's policy is $100,000, the insured's policy pays ½ of the total insurance in place. This policy pays liability losses on an excess basis for non-owned vehicles. For example, the covered loss involves a car the insured borrowed from his neighbor. The insurance in place on the neighbor's car must pay first (it's primary insurance) and then this policy will pay (it's excess insurance).

Part B- Medical Payments Coverage other insurance

Other Insurance If there is other applicable auto Medical Payments insurance, the insurer will pay only the proportion that its limit of liability bears to the total of all applicable limits. However, coverage for non-owned vehicles shall be excess over any other collectible auto insurance providing payment for medical or funeral expense.

Part D coverage's other than collision

Other Than Collision (OTC, Comprehensive) - Provides coverage on an open perils basis, which means all causes of loss other than a collision loss and not excluded in the policy. OTC, or Comprehensive, includes but is not limited to the following causes of loss: Missiles or falling objects Fire Theft or larceny Explosion or earthquake Windstorm Hail, water, or flood, including a flash flood Malicious mischief or vandalism Riot or civil commotion Contact with a bird or an animal Breakage of glass (If caused by an accident, this loss may be applied to collision coverage instead, in order to avoid a double deductible).

Part A - Liability Coverage

Part A - Liability Coverage Insuring Agreement The insurer will: Pay damages for bodily injury or property damage for which any insured becomes legally responsible. Settle or defend any claim or suit asking for such damages. Pay all defense costs it incurs, in addition to the liability limits. The insurer's duty to settle or defend ends when the limit of liability is exhausted. The insurer will not defend or settle any suit or claim that is not covered under this policy. The policy defines insured in Part A as: The named insured or any family member for the ownership, maintenance, or use of any auto. Any person using the covered auto with permission. A person or organization, for "your covered auto," if legally responsible for an insured.

Part A Exclusions

Part A Exclusions Liability coverage is not provided for any insured who: Intentionally causes bodily injury or property damage. Causes property damage to property he or she owns or is transporting. Causes property damage to property rented to, used by, or in the care of that insured. An exception exists for damage to a residence or private garage - this is the care, custody, or control exclusion. Is responsible for causing bodily injury to an employee (of that insured) during the course of employment by that insured. Owns or is operating a vehicle while it's being used as public or livery conveyance (meaning it has been hired out to the general public). A vehicle used in a share-the-expense car pool is not considered a public or livery conveyance. Is employed or engaged in the business of selling, repairing, servicing, storing, road testing or parking motor vehicles. An exception exists if the vehicle is being used by an insured, a family member, or a partner or employee of these. For example, Mary's son is a mechanic. If he's test-driving Mary's car and crashes it, the exception to the exclusion applies - meaning he has coverage. However, if his co-worker crashes Mary's car, the exception doesn't apply because the co-worker is not related to Mary, nor is he her partner or employee. Is using a vehicle while employed or engaging in business. However, a coverage giveback applies to private passenger autos, pickups, vans, and owned trailers used with such vehicles. Is using a vehicle without the reasonable belief that he or she is entitled to drive it. Family members always have a reasonable belief of entitlement to drive a "your covered auto" under this coverage.

Part B Exclusions

Part B - Exclusions Although legal liability on the part of an insured is not required for Medical Payments Coverage to apply, bodily injury sustained by an insured is NOT covered under the following circumstances when an insured: Is occupying a vehicle with fewer than 4 wheels. Is occupying a vehicle being used as a public or livery conveyance. A share-the-expense car pool is NOT public or livery conveyance. Is occupying any vehicle that is located for use as a residence or premises - for example living in one's car or a permanently located motor home or trailer used as a residence. Sustains bodily injury in the course of employment and workers' compensation benefits are either required or available. Is occupying or struck by a vehicle owned by the insured that is not a "your covered auto" and is either owned by the insured OR furnished to the insured or available for the insured's regular use, such as a company car. Is occupying or struck by a vehicle owned by a family member that is not a "your covered auto" and is either owned by a family member OR furnished to a family member or available for the family member's regular use, such as a company car. Is using a vehicle without having a reasonable belief that he/she is entitled to drive the car. Is using a vehicle while engaged in business; however, a coverage giveback applies to private passenger autos, pickups, vans, and owned trailers used with such vehicles. This exclusion applies to the business use of trucks and other commercial vehicles. Injuries sustained because of, or as a result of, any type of war or nuclear hazard or action. Injuries sustained when occupying a vehicle located inside a racing facility for the purpose of competing, practicing, or preparing for a race or speed contest.

Part B - Medical Payments Coverage

Part B - Medical Payments Coverage Insuring Agreement The insurer will pay reasonable expenses incurred for necessary medical and funeral services caused by an accident, sustained by an insured, and incurred within 3 years of the accident. Unlike Liability Coverage, Medical Payments Coverage does NOT require an insured to be legally responsible for causing injuries. The policy defines insured in Part B, as: The named insured or any family member occupying any auto or as a pedestrian when struck by a motor vehicle designed for use mainly on public roads. These vehicles do NOT have to be owned by the insured and include any type of trailer. Any other person, such as a passenger, while occupying the insured auto.

Part C - Uninsured Motorists Coverage contains a definition for "uninsured motor vehicle." An uninsured motor vehicle is one that:

Part C - Uninsured Motorists Coverage contains a definition for "uninsured motor vehicle." An uninsured motor vehicle is one that: Doesn't have insurance or a bond in place at the time of the accident. Has insurance in place at the time of the accident. However, the bodily injury liability limits are less than those required by the financial responsibility or compulsory insurance laws in place in the state where the insured's "your covered auto" is principally garaged. Is a hit-and-run vehicle. The owner or operator of the vehicle can't be identified AND must hit: The named insured or a family member; A vehicle occupied by the named insured or a family member; or "Your covered auto." Has insurance, but the insurer either denies the claim or becomes insolvent.

Part C - Uninsured Motorists Coverage

Part C - Uninsured Motorists Coverage provides insurance to insured persons injured in accidents that are caused by another party. The other party must be legally responsible for bodily injury to an insured that arises out of the ownership, maintenance, or use of an "uninsured motor vehicle." If the other party is NOT legally responsible (or not at-fault), this coverage doesn't apply. The insurer will pay damages that an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury. Unless the policy specifically states that Uninsured Motorist Physical Damage (UMPD) is also provided, this section of the policy only applies to bodily injury damages.

Property Damage

Property Damage - Physical injury to, destruction of, or loss of use of tangible property.

Part C - Uninsured Motorists Coverage exclusions

Part C Exclusions Coverage is NOT provided when any insured sustains bodily injury under the following circumstances: An insured or family member is injured when occupying, or struck by, a vehicle owned by the named insured or a family member and the vehicle is not insured by this policy. An insured or a legal representative settles an Uninsured Motorists Bodily Injury Liability claim and that settlement impairs the insurance company's ability to recover payments made to any insured. An insured is occupying a "your covered auto" while it is being used as a public or livery conveyance. An insured is using a vehicle without a reasonable belief that he or she is entitled to drive it. Family members always have a reasonable belief of entitlement to drive a "your covered auto" under this coverage. While insured by workers' compensation or disability insurance. No payment will be made under this coverage for injuries that might benefit any insurer, or self-insurer, under any workers' compensation or disability benefits law. This means that if workers' compensation or disability insurance is in place, that coverage must pay before this coverage applies. If the insured is legally responsible for punitive or exemplary damages, this coverage does not apply.

Part D coverage for damage to your auto exclusions

Part D Exclusions No coverage is provided for: An insured vehicle being used as a public or livery conveyance. The exclusion does not apply to a share-the-expense car pool. Damage solely a result of wear and tear, freezing, equipment breakdown, or road damage to tires. These are all maintenance issues and are excluded under other types of property insurance. Losses due to war or nuclear hazard. Electronic equipment, unless it's permanently installed in the vehicle. Examples of electronic equipment include radios, stereos, tape decks, CD systems, navigation systems, Internet access systems, computers, telephones, televisions, two-way mobile radios, scanners, and CB radios. Tapes, records, disks, or other media used with electronic equipment. A total loss to Your Covered Auto due to destruction or confiscation or non-owned auto by government or civil authorities. A trailer, camper, or motor home if it isn't shown on the Declarations, unless the vehicle is a non-owned trailer, or is acquired during the policy period and the insured reports the purchase within 14 days. A non-owned auto when used by the insured or a family member who doesn't have a belief of entitlement to use the non-owned auto. Loss to radar and laser detection devices and equipment. Custom furnishings and equipment in any pickup/van. Custom furnishings and equipment include special carpeting and insulation, furniture or bars, height-extending roofs, and custom murals, paintings, decals, and graphics. The following items are not considered custom furnishings or equipment: any cap, bedliner, or cover in or upon any pickup. A non-owned auto being used in the auto business. Any auto when located at a racing facility for organized racing.

Split Limit

Split Limit - The amounts of coverage for bodily injury and property damage are separate. Split limits are expressed using 3 separate limits: a bodily injury (BI) limit per person, a bodily injury (BI) limit per accident, and a separate limit for property damage (PD) per accident. If Part A of a policy is written with limits of 100/300/50, the policy will provide coverage of $100,000 per person for BI with a maximum BI aggregate limit of $300,000 per accident. Additionally the policy will provide a $50,000 limit for PD per accident.

Part A Liability Coverage Supplementary Paymenta

Supplementary Payments In addition to the limit of liability, the insurer also makes other payments: If a bail bond is required because of an accident, the policy will pay up to $250 for the cost of the bail bond so long as the accident resulted in a covered bodily injury or property damage claim. If defending a suit, the insurer will pay premiums on appeal bonds and bonds to release attachments. Any interest that accumulates after a judgment has been entered will also be paid by the insurer if it defends a suit. The policy pays up to $200 a day for loss of earnings because the insurer requests attendance at hearings or trials. This does not include loss of other earnings. The policy will also pay for reasonable expenses incurred at the insurer's request. This does NOT include traffic fines.

The Personal Auto Policy (PAP) is

The Personal Auto Policy (PAP) is a personal lines policy that provides several types of insurance for loss that results from the non-business use of certain types of motor vehicles. The PAP is designed to cover an individual's or family's personal use of an auto, and is comprised of 6 major parts. The Personal Auto Policy was designed to provide insurance for eligible vehicles that are owned by one or more individuals. Eligible vehicles are private passenger vehicles including cars, SUVs, passenger vans, and pickups with a gross vehicle weight of 10,000 pounds or less. The primary use of eligible vehicles must be personal, although incidental business use is allowed - e.g., making sales calls. Delivery or commercial use of an eligible vehicle renders it ineligible for the personal auto policy and requires it to be insured on a business auto policy.

Part D coverage for damage to your auto limit of liability

The insurer's limit of liability for loss is the lesser of the actual cash value (ACV) of the vehicle or the amount necessary to repair or replace the vehicle with another of like kind and quality. In the event of a total loss, adjustments will be made for depreciation and physical condition when determining the ACV. If a repair or replacement results in better than like kind or quality, the insurer will not pay for the amount of the betterment.

Part D The policy defines non-owned auto as:

The policy defines non-owned auto as: Any private passenger auto, pickup, van, or trailer not owned by, furnished, or available for the regular use of the named insured or a family member, while being used by the named insured or a family member. Any auto or trailer being used as a temporary substitute for the covered auto, while the covered auto is out of normal use due to: Breakdown Repair Servicing Loss Destruction

There is a maximum limit of $____ for a non-owned trailer and $_____ for certain electronic equipment.

There is a maximum limit of $1,500 for a non-owned trailer and $1,000 for certain electronic equipment.

Trailer

Trailer - A vehicle designed to be pulled by a private passenger auto or a pickup or van. Trailer also includes a farm wagon or farm implement while it's being towed by a private passenger auto pickup, or van.

Part D Coverage for Damage to Your Auto Transportation Expenses

Transportation Expenses The insurer will pay, without application of a deductible, a maximum of $20 per day, up to $600, for transportation expenses incurred because of a collision or comprehensive loss. If the damaged auto is a non-owned auto, coverage only applies if the insured is legally responsible for the loss. If the loss is caused by a total theft of the covered auto or a non-owned auto, the insurer will only pay expenses incurred during the period beginning 48 hours after the theft, and ending when the auto is returned to use or the insurer pays for the loss. If the loss is caused by a peril other than theft of the auto, the insurer will only pay expenses beginning when the auto is withdrawn from use for more than 24 hours.

Part C- Underinsured Motorists Coverage

Underinsured Motorists Coverage This coverage is slightly different from Uninsured Motorists Coverage, and may be required by state statutes as part of the Uninsured Motorists Coverage. In other states, coverage is optional or added by endorsement. Underinsured motorists coverage protects the insured against drivers who do have auto liability insurance, but whose coverage limits are inadequate or insufficient to respond to claims. The coverage pays only up to the amount that exceeds the limit of liability of the at-fault party.

Out of State Coverage

When a "your covered auto" is being driven outside the state in which it is principally garaged (and also within the coverage territory), Part A - Liability Coverage extends to provide coverage as required by the financial responsibility or compulsory insurance laws of that state or Canadian province. For example, if the insured's policy doesn't provide Personal Injury Protection (PIP) coverage and the state in which the vehicle is being driven requires it, the insured's personal auto policy will provide PIP coverage at required limits while the insured is in that state.

You and Your

You and Your - The named insured listed in the declarations, and the spouse if a resident of the same household. The named insured should always be the person or persons to whom the vehicle is titled and registered, unless it's a leased vehicle.

Your Covered Auto

Your Covered Auto - If a vehicle meets any of the following four definitions, it is a "your covered auto." Any vehicle shown in the Declarations A newly acquired auto Any trailer that the insured owns Any auto or "trailer" the named insured doesn't own while being used as a temporary substitute for any other vehicle described in this definition, which is out of the normal use because of: Breakdown Repair Servicing Loss Destruction A temporary substitute is NOT a "your covered auto" under Part D - Coverage for Damage to your Auto.


Kaugnay na mga set ng pag-aaral

Chapter 8: False Memory and Forgetting

View Set