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Q&A on Commercial Auto
This program is designed to provide accurate and authoritative information in regard to the subject matter
covered. It is provided with the understanding that the publisher is not engaged in rendering legal,
accounting, or other professional service. If legal advice or other expert assistance is required, the
services of a competent professional person should be sought.
With special thanks to the Insurance Services Office, Inc. for advance information, continued support,
and permission to use their forms and information.
Q and A
on
Commercial
Auto
with
Irene Morrill, CPCU, CIC, ARM, CRM, LIA, CPIWVice President of Technical Affairs
Massachusetts Association of Insurance Agents
1
Partnerships and auto non-ownership
My insured has a BAP on their partnership – say A and B partnership.
The partnership owns and insures two vehicles – 2 sports cars. Sometimes the partners allow their spouses to drive these vehicles. 1) Would the spouse be covered when doing so
2) When the spouse has the partnership vehicle then the partner takes the spouse’s personally owned vehicle. Should the partner have an accident when driving the spouse’s vehicle, will the BAP respond to that claim?
2
Partnerships and auto non-ownership
The answer will be the same for all the BAP editions …2006, 2010, 2013
BAP liability covers “insureds” for “covered autos”
An insured is …you anyone using a covered autoyou own/hire or borrow with your permission
Spouse using partnership vehicle with permission would be an insured3
Partnerships and auto non-ownership
The answer will be the same for all the BAP editions …2006, 2010, 2013
What partner using spouse’s vehicle for business of partnership?
If liability is activated by “1” or 7,8,9 will the BAP respond if there is an accident?
4
Partnerships and auto non-ownership
The answer will be the same for all the BAP editions …2006, 2010, 2013
What partner using spouse’s vehicle for business of partnership?
If liability is activated by “1” or 7,8,9 will the BAP respond if there is an accident?
5
Partnerships and auto non-ownership
The answer will be the same for all the BAP editions …2006, 2010, 2013
The symbols might provide a “covered auto” …but we still need an “insured”
The partnership will be an “insured” under the BAP if has symbol “1”Or symbol “8” and “9” – depending on how you determine this partner’s spouse owned vehicle … but the partner is NOT an insured when using a vehicle he/she owns or owned by household member
6
Partnerships and auto non-ownership
The answer will be the same for all the BAP editions …2006, 2010, 2013
If carrier paid out claim …
it could subrogate back against partner which would be horrific ….
7
Listing all drivers…or not
BAP carrier has guidelines about driver experience, several carriers depending on the tier/voluntary you are in you have to have at least 4 yrs driving experience.
Customer calls as they have kid or inexperienced driver on occasion, the kid is listed on a personal auto policy paying a premium however just in case they drive one of the bap vehicles they ask to list them.
The carriers want us to take one of the vehicles and cede the vehicle, the one the kid will drive. Sometimes its multiple vehicles and the kid may not drive one specifically, sometimes it might be. Every scenario is different.
8
Listing all drivers…or not
I understand they don’t want the exposure of an inexperienced driver and want to collect premium. I am not looking for the customer to circumvent the system, I want to do what is right and want to make sure they are covered.
My question is, it’s a permissive state so if the insured didn’t add their kid and they did have an accident could they deny coverage?
I know the map is very specific.
I know I have seen a few incidents where employers have had a driver have an accident, the driver not listed, the company pays and then addresses the driver after the fact.
9
Listing all drivers…or not
The MM 99 11 – MA amendatory endorsement to the ISO BAP rewrites the concealment provision and states:
10
Listing all drivers…or not
And ….MA law … on fraud applies to agents as well as clients who don’t tell “all” when asked
It is better to put a vehicle in CAR …then have claims denied or ….go to jail.11
Certificates and what to say
Does it matter
on a cert if we
put all autos
instead of
scheduled
autos??
12
Certificates and what to say
I’m not sure I understand….
Are you saying you want to ask for symbol 1 for liability instead of
symbol 7,8,9?
That would be up to insurance company
Are you asking if on the certificate you can state “all autos” …
when the symbols are 7,8,9 and not “1” for liability …
absolutely NOT as symbol 1 and symbol 7,8,9 are NOT the same
thing …
close but not the same
13
Certificates and what to say
14
Certificates and what to say
This is what
ACORD says
15
Certificates and what to say
That is exactly what I am asking they have symbol 7,8, & 9
but the insured wants the cert to say any auto
is that allowed
NOPE – because symbol 1 and symbol 7,8,9 is NOT the
same thing
They have scheduled autos, non-owned autos and hired
autos but NOT “all autos”
16
Certificates and what to say
MGL 175L Certificates of Insurance states
17
Certificates and what to say
MGL 175L Certificates of Insurance states
18
Certificates and what to say
MGL 175L Certificates of Insurance states
19
Certificates and what to say
MGL 175L Certificates of Insurance states
20
Trailers only …owned when do they need to be listed for liability ?
We are having a discussion in the office …some say all trailers have to be listed and paid for on the BAP and others say not all …who is correct?
21
Trailers only …owned when do they need to be listed for liability ?
The BAP states:As long as there is a vehicle listed for liability and a premium charged for liability on the Dec page then all owned trailers with a load capacity of 2000 lbs or less is automatically covered
22
Trailers only …owned when do they need to be listed for liability ?
The BAP states:We are NOT talking GVWR
The load capacity could be 1950 lbs and the weight of the trailer itself could be 200 lbs which means combined weight of 2150. This would then be bumped up to 3000 lbs by RMV and weight for 3000 lbs charged …but trailer is automatically covered by BAP for liability
23
Trailers only …owned when do they need to be listed for liability ?
The BAP states:
This is evidenced by class code pages …
Trailer with up to 2000 LOAD capacity …has a factor of “0” for liability Last I learned …anything multiplied by “0” is …. “0”
24
Trailers and BAP
Ok so regarding trailers (just like a small boat trailer, etc)I know whoever is pulling the trailer (regardless if it is their trailer or not) their insurance would respond for liability.
What if whoever is pulling the trailer (that they did not own) and their insurance did not respond…
Would the owner of the trailer’s insurance company respond?
25
Trailers and BAP
My client has a commercial auto policy only…
He may borrow his sons trailer, and the commercial auto will not respond
So will the son’s MAP policy respond?
26
Trailers and BAP
Well…first …who said the BAP won’t respond to a non-owned trailer?
The BAP can provide liability coverage for a non-owned trailer as long as liability is purchased for the power unit pulling it… even the “worst” symbol activating liability coverage under the BAP … symbol 7 – provides coverage for a non-owned ATTACHED trailer:
27
Trailers and BAP
And … if BAP liability is either symbol 1 …
or if symbol 7 one ALWAYS sells symbol 8 and 9 …
8 could provide coverage when NOT attached
28
Trailers and BAP
The definition of “auto” includes trailer ….
So …the BAP should ALWAYS be providing liability to a non-
owned/hired auto … 29
Trailers and BAP
FYI …the MAP could also be there for your client
The MAP states under the Your Auto definition …
Under Parts 1, 2, 3, 4, 5 and 6 the term “your auto” also includes any trailer not described on the Coverage Selections Page as covered under those Parts.
30
Trailers and BAP
And the definition of trailer is:
And …both Parts 4 and Parts 5 of the MAP grant insured status to someone using “your auto”
6. Trailer – means a vehicle designed to be pulled by a private passenger auto, motorcycle, pick-up truck, van, or similar vehicle and designed for use on public roads. This includes a farm wagon or a farm implement.
We will also pay if someone else using your auto with your consent is legally responsible for the accident.
31
Trailers only …can it have a BAP?
Commercial client (that has no commercial auto policy) called me to certify a trailer registration that is in the name of the company.
[They will be donating the use of the trailer to provided free food, water etc. to first responders, such as on duty police.]
How does one certify a registration, when there is no policy?
32
Trailers only …can it have a BAP?
Hmmmmmm…..
If the load capacity of the trailer is over 2000 lbs ... liability is not free ... So there would be a premium ...
I assume it would have to be ceded...
The question is … CAR take it if you can’t get a company to do it voluntarily ?
33
Trailers only …can it have a BAP?
Per John MetcalfeAdministrator of Residual Market Services
“The answer is yes. The trailer is required to be registered and have a plate so it can be written on a commercial auto policy (TTT).
34
Newly acquired vehicles and the BAP
I have a question for you in regards to a commercial auto policy.
We have an insured that has commercial with Company X and he has purchased a new vehicle that he will register and insure on the commercial auto policy under the company name.
He has purchased the vehicle in Maryland private sale.
He is still driving the car with the MD plates on it because the title has not been released from the lienholder yet.
35
Newly acquired vehicles and the BAP
I have asked Company X several times if he is covered under his policy and they keep telling me
no because it’s not registered.
I took a commercial class back in 2009 so need some refresher on this.
I thought that if you purchased a new vehicle and are adding it to the commercial auto policy you have the same coverage as what is on the policy now and 30 days of coverage.
Is that not true?
36
Newly acquired vehicles and the BAP
If there is a current BAP … and symbol 7 activates all coverage…the BAP states regarding additional vehicles and/or replacement vehicle … states:
B. Owned Autos You Acquire After The Policy Begins1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in Item Two of the
Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period.
2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if:a. We already cover all "autos" that you own for that coverage or it replaces an
"auto" you previously owned that had that coverage; andb. You tell us within 30 days after you acquire it that you want us to cover it for
that coverage.
37
Newly acquired vehicles and the BAP
Additional auto …gets the coverages that currently apply to ALL owned autos.
If the current BAP only shows ONE vehicle …then a second vehicle will have all the coverages of the vehicle currently showing on the dec page … for 30 days
If it is a replacement vehicle …meaning you’ve lost possession of the one currently showing on the BAP dec page …then a replacement vehicle gets the coverage of the vehicle it replaced …for a 30 day max …
38
Newly acquired vehicles and the BAP
Registration is NOT discussed …
From a “get a ticket standpoint” …Massachusetts does NOT recognize temporary plates from other states
And if it is a replacement vehicle …one can only put the plate on a newly acquired vehicle if one has lost possession of the one that we showed on dec page …for a maximum of 7 days …
Insurance lasts longer
39
The BAP and renting vehicles …how does coverage apply when an employee rents a vehicle for business purpose
Coverage for the employer when an employee rents an auto on a business trip in the employee’s name
1. Possible coverage under the MAP
2. Possible coverage under the employer’s BAP
3. Is the employee covered under the BAP when renting a vehicle in personal name FOR a business purpose?
Coverage for the employer when an employee rents an auto in the employer’s name
Coverage for the employee when an employee rents an auto in the employer’s name
BAP and renting vehicles
40
Where does the employer find coverage when an employee rents a vehicle on a business trip?
Irene rents a car in her name
Could MAIA, or any employer, be responsible for the actions of their employees during the course of employment?
How do we protect the liability exposure of the employer?
YES!!!
BAP
BAP and renting vehicles
41
Part 4
We will pay only if you, or a household member, is legally responsible for the accident. We will also pay if someone else using your auto with your consent is legally responsible for the accident.
Part 5
Under this Part, we will pay damages to people injured or killed in Optional Bodily accidents if you or a household member is legally responsible for Injury to Others the accident. We will also pay damages if someone else using your auto with your consent is
legally responsible for the accident.
MAP does NOT provide insured status for “vicarious” liability situations
Must be physically using it to be an “insured”
BAP and renting vehicles
42
Coverage for the EMPLOYER can be obtained
a. Through the BAP or
b. Similar type endorsement added to the client’s Businessowners Policy if no BAP is present
BAP and renting vehicles
43
BAP and renting vehicles
Irene works for MAIA. She needs to rent a vehicle to bring books to the CIC program in Burlington, Vermont.
She rents a Ford Taurus station wagon from Tuesday afternoon until Saturday afternoon.
The vehicle is rented in her personal name –for the purpose of MAIA
44
Each coverage provided under the BAP applies to “covered autos”.
1. What a “covered auto” is will be determined by the symbol used to activate coverage on the BAPDeclarations page.
2. There are two ways to provide liability coverage for autos that are not owned by but are being used for the purpose of the named insured under the BAP.
BAP and renting vehicles
There is BAP coverage for employerLiability coverage for autos that are not owned or leased by the named insured, MAIA
45
Symbol (1) is the BEST way. Symbol 1 under the BAP defines a covered “auto” as any auto.
Symbol 1 can only be used to define “covered auto” for Liability Coverage
Any auto means all owned autos, all newly acquired autos, all hired or borrowed autos,
Symbol 1 will provide employer with liabilitycoverage when employee rents a vehicle for abusiness trip
BAP and renting vehicles
46
Under the Liability coverage in the BAP, the definition of Who Is An Insured reads as follows:
MAIA, the you, with Symbol 1 will find coverage under its BAP should it be sued due to an employee renting an auto in the employee’s name for a business purpose.
If Symbol 1 cannot be procured from the insurance carrier, then the employer would need to make sure that Symbol 9 shows on the BAP Declarations page next to Liability Coverage.
The following are “insureds”:
a. You for any covered “auto”.b. Anyone else while using with your permission a covered “auto” you
own, hire or borrow except:
1. The owner or anyone else from whom you hire or borrow a covered “auto…..
2. Your “employee” if the covered “auto” is owed by that “employee” or a member of his/her household. ………
BAP and renting vehicles
47
Symbol 9 states that covered autos are Non-owned “autos” only
As long as either Symbol 1 or Symbol 9 shows as activating Liability Coverage, then the employer will be protected from suits that arise when an employee on a business trip rents a vehicle in his/her name.
BAP and renting vehicles
48
Is the employee covered under the employer’s BAPwhen
he/she rents a vehicle in his/her own personal name for the purpose of his/her employer?
(I rent car in my name for business trip for MAIA)
BAP and renting vehicles
49
1. NO!!!!
2. The BAP symbols of either 1 or 9 ONLY protect the YOU, the named insured employer, not the employee.
3. The definition of insured for those other than You only applies to
“anyone else while using with your permission a covered “auto” you own, hire or borrow”.
BAP and renting vehicles
50
A vehicle rented by the employee is NOT a vehicle:a. Owned by the named insured employerb. Hired by the named insured employer, or c. Borrowed by the named insured employer
Therefore, the BAP will not apply to the employee in this situation as the vehicle was not owned by, hired by or borrowed by the named insured.
BAP and renting vehicles
51
Consider this … Irene causes an accident while working for the Association. The Association is sued and the BAP responds.
1. Since Irene is NOT an insured under the BAP, could the BAP carrier SUBROGATE against Irene???????
2. Can we create “insured” status for the employee under the employer’s BAP?
YES
YES
BAP and renting vehicles
52
Possible solution to making employee an insured under employer BAP when employee rents vehicle in his own name for business trip
BAP and renting vehicles
53
This endorsement definitely allows the BAP to include an employee using his/her own vehicle for the purpose of the employer as an “insured”.
This endorsement could allow the BAP to apply to an employee renting a vehicle in his/her name on behalf of the employer.
BAP and renting vehicles
54
Possible solution #2 to making the employee an insured under the employer’s BAP CA 20 54 Employee Hired Autos
Makes employee an insured for hired autos ONLY – no other situation
If have hired auto physical damage symbol 8 – will apply to this endorsement too
BAP and renting vehicles
55
Finding coverage when the Vehicle is rented in the employer’s name – for the employer and the employee
Instead of renting the car in my name I get the MAIA creditcard and rent the vehicle in the name of the MAIA.
Will MAIA have liability coverage for hired and borrowed autos?
Will I be covered using a vehicle hired or borrowed by my employer under the BAP?
What symbol activates coverages?
YES!
BAP and renting vehicles
56
For liability would need symbol 1
Orsymbol 8 activating coverage
BAP and renting vehicles
57
As long as MAIA has symbol 8 activating liability coverage then it will be covered when it rents a vehicle as well as the employee using the vehicle.
BAP and renting vehicles
58
If symbol 8 activates coll/comp then BAP will respond to a vehicle rented to the named insured…and permissive users would not be subrogated against should there be a claim
Will the BAP provide physical damage coverage for the vehicle rented in the name of the employer?
Hired auto physical damage coverage is NOT automatic
BAP and renting vehicles
59
Some companies have “company specific” endorsement for hired auto physical damage
And …remember …if have symbol 8 activating Collision and comprehensive coverage …then that activates coverage under the CA 20 54 Employees Hired Autos for physical damage …as well as the liability previously discussed
BAP and renting vehicles
60
Where is the policy territory for rental?
1. What if the business trip rental was in Washington, DC?
2. What if the business trip rental was in London, England?
BAP and renting vehicles
61
MAP –
Loss in Washington DC covered
Loss in London England is NOT
BAP and renting vehicles
62
BAP 10/01 and BAP 3/06
Worldwide rental less than 30 days … without driver …
ASSUMING PROPER SYMBOLS ACTIVATE COVERAGE
BAP and renting vehicles
63
buy vehicle online
My insured called ... He has a BAP and is buying another vehicle ... online... from someone in California.
He will be sending certified check to a lawyer who will pay for the vehicle upon transfer of title.
Then the vehicle will be shipped.
What should we do about coverage?
64
buy vehicle online
Good news ...if he has a BAP ...there is automatic coverage for a newly acquired vehicle....
I "assume" that he currently has symbol (7) activating all coverages on his BAP.
A newly acquired additional auto ...gets the coverage if ALL owned vehicles ...have that coverage ...for 30 days.
65
buy vehicle online
66
buy vehicle online
MM 99 11
67
buy vehicle online
68
buy vehicle online
69
Mutt and Jeff are delivering a refrigerator to Irene. When lifting it out of the back of the truck, they drop it and it falls on a neighbor who stopped to watch.
Will the BAP respond to the injury to the neighbor?
70
Yes … BAP covers BI done when loading or unloading property by hand , hand truck or mechanical device attached to the truck as no exclusion
Loading and unloading
Mutt and Jeff are bringing the refrigerator into Irene’s house. They must bring it up a small flight of stairs to reach the kitchen.
While bringing it up the stairs they damage the hard wood flooring on the stairs. Will the BAP respond to this damage?
71
Yes … BAP covers PD done when loading or unloading property by hand , hand truck or mechanical device attached to the truck
Loading and unloading
Will it cover the damage TO the refrigerator
72
NO … BAP excludes PD to property in c/c/c
Loading and unloading
Loading and unloading …covered or not
We have a client with a ceded commercial auto policy who is a transport ambulance company. They were carrying a patient up the stairs in a wheelchair and the patient shifted her weight and they lost their grip on the wheelchair causing her, in the wheelchair, to go down the stairs. She was 88 at the time of the accident.
73
Loading and unloading …covered or not
We have since gotten legal notice and the auto carrier has denied saying it is not loading or unloading for the distance from the vehicle (I don’t believe that reason as there is nothing in the form I can see that says anything about distance it says to it’s intended location, this would be her apartment) The GL carrier is denying because of an exclusion for loading and unloading.
74
Loading and unloading …covered or not
From what I read the form shows bodily injury and property damage for loading and unloading but does not specify if it has to be something other then what is being carried.
The attorney is also suing the insurance company sighting case Travelers vs Aetna 410 Mass (1991). I have not been able to pull up this case to know what it is about but apparently it is the auto carrier vs the gl carrier for a loading unloading situation and the attorney is therefore inferring precedence.
75
What are they talking about ….sounds like the wrong exclusion is being used ……
The liability section of the BAP covers
An insuredUsing a “covered auto”
Unless an exclusion applies …
I don’t remember …a “dropping a body” exclusion in the liability section of the BAP!!
Loading and unloading …covered or not
76
All BI/PD covered
When an “insured”
Using a “covered auto”
Loading or unloading ….covered or not
77
No …exclusion …
We have a
scheduled vehicle
driven and owned
by an “insured” …
PAY THE CLAIM
Loading or unloading ….covered or not
78
Citation: 410 Mass. 1002 Parties: THE TRAVELERS INSURANCE COMPANY vs.
AETNA LIFE AND CASUALTY COMPANY.(Rescript Opinions.)
Decision Date: June 4, 1991
Where loading and unloading …auto …not CGL
Judge felt same way!!!!!
Loading or unloading ….covered or not
79
CGL won’t pay because there IS an exclusion
Cover age A (BI and PD) in the GGL excludes:
In the CGL policy …loading and unloading IS defined:
80
Is ALL BI/PD
arising out of the
loading or unloading of
a “covered auto”
covered under the
BAP?????
81
Loading and unloading
There are issues to worry about with loading and unloading
of property ….
No damage TO the property being unloaded ….
And ….
Is it a BAP claim or a CGL claim …
for the loading or unloading process when something
or someone else is damaged or injured during this
process?????????
Loading or unloading ….covered or not
82
6. Care, custody or control
a. No PD for damage to property
that an insured owns (hit
corporation fence with corporation truck)
b. No PD for damage to property transport
83
Loading and unloading
6. Care, custody or control
Ace Trucking Company bringing load of
expensive computers from manufacturer to
CompUSA …
truck door opens …
computers fall out on road and are damaged
…
BAP does NOT respond for damage to computers)
84
Loading and unloading
7. Handling of property (loading/unloading)
a. BAP not cover BI/PD arising out of the property until it is “FIRST accepted ”
85
Loading and unloading
(Ace Trucking hired by COMPUSA to pick up
100 boxes of computers.
Boxes are piled on COMPUSA loading dock.
Fall over and kill pedestrian …BEFORE Ace
Trucking gets to loading dock.
Injury to the pedestrian is NOT the
responsibility of Ace Trucking CGL of COMPUSA is responsible).
86
Loading and unloading
7. Handling of property (loading/unloading)
b. BAP not cover BI/PD arising out of the property until it is “FINALLY delivered”
87
Loading and unloading
(Carpenter remodeling my kitchen.
Takes oak cabinets out of his truck to bring into my
kitchen.
To get to the kitchen he must bring them into a foyer and
then up a few stairs, through the living room and then into
the kitchen.
While bringing the cabinets up the stairs and through the
living room he gauged the walls alongside the stairway.
Will the BAP pay for the damage to the walls)?
YES … cabinets are NOT “finally delivered” 88
Loading and unloading
(Carpenter remodeling my kitchen.
Takes oak cabinets out of his truck to bring into my
kitchen.
To get to the kitchen he must bring them into a foyer and
then up a few stairs, through the living room and then into the
kitchen.
While bringing the cabinets up the stairs and through the
living room he gauged the walls alongside the stairway.
Will the BAP pay for the damage to the cabinet that damaged
the wall???
NO … per exclusion 6 that was just discussed – damage to
property in c/c/c” 89
Loading and unloading
(Carpenter gets cabinets installed in the kitchen.
One falls off and whacks me in the head.
Will the carpenter’s BAP respond to my injury?
NO …the cabinets were “finally delivered”. Carpenter
needs CGL)
90
Loading and unloading
Complete Operations Rule …
91
Loading and unloading
Complete Operations Rule …
92
Loading and unloading
93
Loading and unloading
8. Movement of Property by
Mechanical Device
a. The BAP will cover BI/PD
arising out of loading or
unloading
1) By hand
2) By hand truck (dolly)
3) By hydraulic device
attached to truck
b. BAP will NOT cover BI/PD
arising out of loading or
unloading by mechanical
device NOT attached to auto94
Loading and unloading
The CGL covers loading /unloading of an “auto” by a mechanical device NOT attached to the truck/auto
The BAP covers loading/unloading by hand, dolly and mechanical device attached TO the auto/truck
Loading and unloading
95
What rental coverage, or “loss of use” coverage is available for
large trucks or equipment that are being used by contractors to
generate revenue?
The agent then asked, if we have a waste hauler whose vehicle gets
in an accident and is out of commission for two months, that waste
hauler is losing revenue daily. Most times they are unable to find a
replacement vehicle, or IF they do, the rental fee would be hundreds
of dollars a day, not the typical $30 rental reimbursement dollars.
What is available for coverage?
Or if a contractor “rolls” his excavator and needs to rent another one
until he can find one. Where is the coverage available for this?
Loss of income
96
Easy question first …. Renting “comparable” equipment
Rental Reimbursement Coverage CA 99 23 has been around for a
LONG time. The MA counterpart is MM 99 39 Loss of Use/Rental
Reimbursement Coverage. The client chooses whether
comprehensive or specified causes of loss and collision will
activate coverage.
The client has to RESEARCH IF replacement rental is available.
The client then determines how many days desired at what cost
per day. The a rate per $100 of value is applied. This
endorsement is WORTHLESS if there is no replacement
equipment to rent when a covered physical damage claim occurs.
Loss of income
97
Find out how much
would need per day …
then can buy 30 days
worth
Loss of income
98
So …what’s the scoop with equipment that is not readily replaceable
and major loss of income occurs when direct physical damage to
equipment occurs.
Well, this has been a problem for decades. Business Income through the
BOP or the CP forms has some coverage activation requirements that don’t
work well with “movable locations”. The following is from CP 00 30 10 12:
Loss of income
99
A collision accident or comprehensive incident could cause a
suspension of operations and the CP or BOP Special Form Cause of
Loss could respond from a covered loss standpoint.
If the equipment is damaged then there certainly could be a
“suspension” of operations.
The big issue is “direct physical loss of or damage to property at
premises which are described in the Declarations”.
Under the CP or BOP business interruption coverage, the requirement
for described location could be problematic. A carrier would have to
create their own endorsement and/or language.
Loss of income
100
ISO BAP endorsement (also approved through AIB with the MA DOI)
Business Interruption Coverage CA 99 05 02 14
It is a 7 page endorsement and a company doesn’t have to file to use it or
offer it to all clients.
Loss of income
101
Loss of income
There are two options.
Option A is used when there is only 1 item of scheduled property or when multiple items of scheduled property are being covered subject to separate limits of insurance.
Option Bis used when a single limit of insurance applies to more than 1 item of scheduled property.
Just like the CP/BOP forms one can purchase business income with extra expense or without.
102
Loss of income
Endorsement has own schedule of coverage
On the first page is a “schedule”.
This is where the covered business activity is described, the
equipment and the BII limit(s) of insurance are displayed.
How long will it take to repair or replace this equipment?
This is something the business owner should know or research.
How many jobs present and future will be lost because damaged
equipment takes months to repair or replace? 103
Loss of income
Losses covered
Loss or damage must result from a covered loss in coverage
territory.
Since this can be added to the BAP, the Auto dealer and the Motor
Carrier coverage Form refer to the policy to which it is attached to
determine the definition of “coverage territory”.
The options for covered losses are comprehensive or specified
caused of loss and collision just like the BAP form. If a covered
situation causes a slowdown or cessation of the described property’s
operations, then coverage is activated. 104
Loss of income
Endorsement specific definitions: Schedule property is defined as:
A definition of “business income” and “extra expense” is added and are
similar to that found in the CP or BOP forms.
The “Period of restoration” is also defined similar to the BOP and CP forms
so remember there is a 72 hour deductible for business income coverage.
The endorsement schedule area provides the ability to buy this 72 hour
deductible back to “24” hours or “0” hours just as the CP and BOP forms
allow. But, if one doesn’t ask to reduce deductible on endorsement
schedule … SURPRISE! 105
Loss of income
Also remember the period of restoration ends coverage when
scheduled property should be repaired/replaced with reasonable
speed.
The endorsement provides an additional coverage of “Extended
Business Income” which begins when the “period of restoration”
ends and lasts for 60 days.
Will 60 days of Extended Business Income be sufficient to regain all
clientele who went elsewhere when equipment is being repaired or
replaced?
A longer period of time can be purchased just as in the CP and BOP
forms.106
Loss of income
Are there exclusions?
Of course! Though, not as
many as found in the Special
Form Cause of Loss attached
to
CP 00 30 or those found in the
BOP!
Option A
107
Loss of income
Are there exclusions?
Option B
108
Loss of income
Are there exclusions?
Get BII
Get EE
Extended BII
Remaining pages …
109
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Q&A
Commercial auto
110