Rental Car Coverage and the MAP - So Much Exposure & So Little Coverage!

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1 Rental Car Coverage and the MAP - So Much Exposure & So Little Coverage!

2 RENTAL CAR COVERAGE & THE MAP- SO MUCH EXPOSURE & SO LITTLE COVERAGE Robin Federici, CPCU, AAI, ARM, AINS, AIS, CPIW PO BOX 781 NORTH KINGSTOWN, RI Phone: Fax: Fred s Cell: Robin s Cell: Web site:

3 This material has been designed for use in training programs for insurance industry personnel. It is not intended to be used as a complete reference resource on the programs and coverages outlined herein. The programs use standard policy forms and endorsements for the purposes of discussing the exposures to loss that may exist, some of the coverage options available to treat them, and to provide a framework for discussions with carriers you represent concerning the programs they have available. Coverages, rules and materials presented during this program may differ from those used by individual insurance companies. Contact individual carriers for details about interpretations of their eligibility requirements, particular insurance contracts and rates. Copyright 2014 by Insurance Education & Training Associates, LLC. All rights reserved. This document or any part thereof may not be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information retrieval system, without the express written consent of Insurance Education & Training Associates, LLC. Inquires should be addressed to: PO Box 781, North Kingstown, RI

4 AUTO RENTAL ISSUES Auto Rental Agreement Excerpt: This Agreement is between the person signing it, as the car renter ( you, your or yours ) and ( the rental car company) and covers the rental of each car by us to you under the Service ( rental ). You agree and understand that your obligations under this Agreement are personal and are not assignable or transferable by you. 2. Meaning of Car - The word car means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates and car documents. 3. Who May Drive the Car - Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer s corporate account agreement, your employer or a regular fellow employee incidental to business but only with your prior permission. The other driver must be at least 25 years old and must be a capable and validly licensed driver. 9. Prohibited Use of the Car Certain uses of the car and other things you or a driver may do, or fail to do, will violate this Agreement. It is a violation of this paragraph if: A. You use or permit the car to be used: 1) by anyone other than an authorized driver; 2) to carry passengers or property for hire: 3) to tow or push anything; 4) to be operated in a test, race or contest, or on unpaved roads; 5) while the driver is under the influence of alcohol or a controlled substance; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; 7) recklessly or while overloaded; 8) if rented in the United States, outside of the United States 10. Loss Damage Waiver (LDW) - You understand that you may choose to accept or decline the LDW option. You understand that LDW is not insurance and is not mandatory

5 AUTO RENTAL ISSUES Auto Rental Agreement Excerpt: 11. Damage to/loss of the Car If you do not accept LDW, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 9, you are responsible and will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car s retail fair market value before it was damaged and the sale proceeds. If the car is stolen and not recovered you will pay us the car s fair market value before it was stolen. As part of our loss, you ll pay the full value of the vehicle, plus: loss of use of the car, without regard to our fleet utilization an administrative fee towing and storage charges, if any ( Incidental Loss ). You authorize us to process any or all of our Incidental Loss to the card you use to pay for the rental. Diminution in value, regardless of whether the vehicle is repaired Any out-of-pocket expenses incurred by us as a result of the loss 16. Credit Card Billing You agree that all charges will be billed to the card designated by you and that your signature on the Master Rental Agreement will be deemed to have been made on the applicable credit card voucher - 4 -

6 MA PERSONAL AUTOMOBILE POLICY (MAP) DEFINITIONS: DEFINITION OF YOU : Refers to the person(s) named in Item 1 of the Coverage Selection Page. This definition is narrower than other personal lines insurance contracts, such as the HO policy, by not automatically including the resident spouse Only the person(s) named are considered a you for coverage purposes DEFINITION OF ACCIDENT : Means an unexpected, unintended event that causes bodily injury or property damage arising out of the ownership, maintenance or use of an auto This definition eliminates the need for an intentional loss exclusion When used, would extend coverage to ANY AUTO not just autos listed on the Coverage Selection page DEFINITION OF AUTO : Means a land motor vehicle or trailer but does not include: A. any vehicle operated on rails or crawler treds B. any vehicle or trailer while it is located for use as a residence or premises. We will consider such a vehicle as an auto while it is being used on public roads or for recreational use C. a farm tractor or other equipment to be an auto while it is being used on public roads D. any vehicle not subject to MA Motor Vehicle registration such as a moped, dirt bike, mini-bike, snowmobile or an allterrain vehicle (ATV) - 5 -

7 DEFINITIONS: DEFINITION OF YOUR AUTO : Means A. the vehicle or vehicles described on the Coverage Selection Page B. any auto whiles used a temporary substitute for the described auto while that auto is out of normal use because of a breakdown, repair, servicing, loss or destruction C. a private passenger auto, trailer, motorcycle, pick-up truck, van or similar vehicle, to which you take title or lease as a permanent replacement for a described auto or as an additional auto. We provide coverage for an additional auto only if you ask us to insure it within seven days after you take title or the effective date of the lease. If a replacement or additional auto is a pick-up truck, van or similar vehicle, it must not be used for the delivery or transportation of goods or materials unless such use is incidental to your business of installing, maintenance or repairing furnishings or equipment. Under Part 1, 2, 3, 4, 5, and 5 the term your auto also includes any trailer not described on the Coverage Selection Page as covered under those parts. When used in a coverage form, this definition is more restrictive than the word auto, however, trailers are automatically granted liability coverage. This definition is primarily used when granting coverage to other than you DEFINITION OF FAMILY MEMBER : Means anyone living in your household who is related to you by blood, marriage or adoption. This includes step-children or foster children

8 INSURING AGREEMENTS PART 1 BODILY INJURY TO OTHERS - (COMPULSORY) Under this Part, we will pay damages to people injured or killed by your auto in Massachusetts accidents. The damages we pay are the amounts the injured person is entitled to collect for bodily injury" through a court judgments or settlement. We will pay only if you or someone else using your auto with your consent is legally responsible for the accident. The most we pay for injuries to one or more persons as a result of bodily injury to any one person in any one accident is $20,000. Subject to this $20,000 limit, the most we will pay for injuries to two or more peoples as a result of bodily injury to two or more people in any one accident is $40,000. This is the most we will pay as the result of a single accident no matter how many autos or premiums are shown on the Coverage Selection Page.... OVERVIEW- PART 1 (BI) Insuring Agreement An insured can ONLY drive autos defined as your auto. This definition includes temporary substitutes; therefore, ONLY if a vehicle is rented as a temporary substitute would coverage apply! Unless the driver is you, other drivers are covered if driving with the consent of you Accidents must occur only in MA The insuring agreement continues, beyond what is stated above, to exclude: 1. guest occupants, 2. accidents outside of MA & places in MA where the pubic has no right to access, 3. WC claims. The insuring agreement continues, beyond what is stated above, regarding other insurance: Coverage is primary for your auto but if there is more than one insurance policy that is primary, carriers share (P/R) the loss payment Coverage is excess for non-owned autos - 7 -

9 INSURING AGREEMENTS PART 2 PERSONAL INJURY PROTECTION - (COMPULSORY) The benefits under this Part are commonly known as PIP or No-fault benefits. It makes no difference who is legally responsible for the accident. We will pay the benefits described below to you and other people injured or killed in auto accidents. For any one accident, we will pay as many people as are injured, but the most we will pay for injuries to any one persons is $8,000. This is the most we will pay.... We will pay PIP benefits to or for: 1. You or any other person, if injured while occupying your auto with your consent 2. You, or anyone living in your household, if injured, while occupying an auto which does not have Massachusetts Compulsory Insurance or if struck by an auto which does not have Massachusetts Compulsory Insurance. 3. Any pedestrian, including you, if struck by your auto in Massachusetts or any Massachusetts resident who, while a pedestrian, is struck by your auto outside of Massachusetts. OVERVIEW- PART 2 (PAP) Insuring Agreement Above is only a short excerpt of the PIP insuring agreement; however, the coverage that would apply to rental car accidents is noted below. If an insured injured others as a result of an accident with a rental car, PIP would only respond in the following circumstances: PIP is a MA resident s right HOWEVER, most of the coverage only applies to when the vehicle is in MA & your auto. EXCEPTIONS for others: o Your resident household members would have coverage if injured while occupying or struck by an auto which does not have MA compulsory insurance. o Pedestrians in MA struck by your auto AND a MA resident that is a pedestrian out of state and struck by your auto outside of MA - 8 -

10 INSURING AGREEMENTS PART 3 BODILY INJURY CAUSED BY AN UNINSURED AUTO (UMBI) - (COMPULSORY) Sometimes an owner or operator of an auto legally responsible for an accident is uninsured. Some accidents involve unidentified hit-an-run autos. Under this Part, we will pay damages for bodily injury to people injured or killed in certain accidents caused by uninsured or hit-and-run autos. We will pay only if the injured person is legally entitled to recover from the owner or operator of the uninsured or hit-and-run auto. We will pay for hit-and-run accidents only if the owner or operator causing the accident cannot be identified.... OVERVIEW- PART 3 (UMBI) Insuring Agreement Above is only a short excerpt of the UMBI insuring agreement; however, the coverage that would apply to rental car accidents is noted below. Other than the coverage provided to you, coverage could be provided to others as follows: Household members occupying any auto or as a pedestrian Others occupying your auto o EXCEPTION: Neither of the above would be eligible under the auto renters UMBI policy if: They have their own policy The have a policy in a household members name UNDERINSURED MOTORIST There is also an Underinsured (UIM) Option (Part 12) available. If the MAP includes Part 12 the coverage is similar - 9 -

11 INSURING AGREEMENTS PART 4 DAMAGE TO SOMEONE ELSE S PROPERTY (PD) - (COMPULSORY) Under this Part, we will pay damages to someone else whose auto or other property is damaged in an accident. The damages we pay are the amounts the person is legally entitled to collect for property damage through a court judgment or settlement. 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. Damages include any applicable sales tax and the costs resulting from the loss of use of the damaged property. You and household members have coverage for driving any auto Others must be driving only a your auto with consent The legal responsibility of you & household members provides EXCESS coverage for non-owned autos There is coverage for contractual liability assumption (You hold Hertz harmless of all injuries when you rent their car) since there is NO contractual liability exclusion Exclusions: o As a public or livery conveyance o In the business of autos (selling, servicing, repairing or parking) & in any business (with some exceptions) o Vehicles owned or used regularly (unless a premium is shown for the auto) by you, their spouse, or any household member o Autos or any other property rented or in the care of you or the legally responsible person (except for a private residence or garage rented in their care)

12 INSURING AGREEMENTS PART 5 OPTIONAL BODILY INJURY (OBI) (OPTIONAL) Under this Part, we will pay damages to people injured or killed in accidents if you or a household member is legally responsible for the accident. We will also pay damages if someone else using your auto with your consent is legally responsible for the accident.... You and household members have coverage for driving any auto & unlike Part 1 (BI) the accident does not have to only occur in MA & will pay injuries to guests! There are exclusions that are contained in the insuring agreement and are almost identical to those under Part 4 PD OUT OF STATE & CANADA COVERAGE Extraterritorial Coverage 1. Financial Responsibility or similar laws BI or PD limits required that are higher than those purchased; the policy will provide the higher required limits 2. Compulsory Insurance or similar laws - any requirement to have insurance whenever an auto is used in the state or province, the policy will provide the required minimum amounts and types of coverage

13 INSURING AGREEMENTS PART 6 MEDICAL PAYMENTS (MP) (OPTIONAL) Under this Part, we will pay reasonable expenses for necessary medical and funeral services incurred as a result of an accident. We will pay for expenses resulting from bodily injuries to anyone occupying your auto at the time of the accident. We will also pay for expenses resulting from bodily injury to your or any household member if struck by an auto or if occupying someone else s auto at the time of the accident... Coverage is provided regardless of negligence arising out of an accident & there is no limitation that the accident occurs in an auto listed in the policy Like the UMBI this is a one bite of the apple coverage. "Occupying" means: in, upon, entering into, or getting out of. INSURING AGREEMENTS Physical Damage MAIA PART 7 COLLISION Under this Part, we will pay for any direct and accidental damage to your auto caused by a collision. We will also pay for collision damage to other private passenger autos while being used by you or a household member with the permission of the owner. It does not matter who is at fault. MAIA PART 8 LIMITED COLLISION Under this Part, we will pay, in some situations, for direct and accidental damage to your auto caused by a collision. We will also pay in these situations for damage to other private passenger autos while being used by you or a household member with the permission of the owner. MAIA PART 9 COMPREHENSIVE Under this Part, we will pay for direct and accidental damage to or loss of your auto other than damage caused by collision. We will also pay for such damage to other private passenger autos while being used by you or a household member with the permission of the owner

14 If the insured rents a vehicle then damage to the rental vehicle would fall under the physical damage coverages! RENTAL CAR COVERAGE- PHYSICAL DAMAGE Exclusions: The Physical Damage insuring agreements under all three MAIP coverages precludes any coverage for the damage to the rental auto only if there was no permission of the autos owner Outside of any family member, anyone else that may be granted permission to drive a rental car under the rental car contract would not be afforded any coverage under our insured s auto policy since permissive users are granted coverage only for driving your covered auto There may be a debate about what is a private passenger auto. Some carriers say it is cars only. Others include pickups and vans. The broadest interpretation is any auto that is eligible for coverage under the MAP Under the General Exclusions for optional coverages there is: o Coverage for electronic equipment permanently installed in places intended by the manufacturer. There is only a $1,000 limit for these types of equipment if installed in unusual places. o No coverage for speed detection equipment o Custom furnishings or custom equipment in a p/u or van o No coverage for intentional losses

15 PHYSICAL DAMAGE LOSS PAYMENT: The rental contract outlines the responsibility of the renter for payment following a loss. These contractual agreements may be in conflict with the MAP PARTS 7, 8 & 9: We will pay the cost to physically repair the auto or any of its parts up to the actual cash value of the auto or any of its parts at the time of the collision/loss. The most we will pay will be either the actual cash value of the auto or the cost to physically repair the auto, whichever is less. We will, at our option, repair the auto, repair or replace any of its parts, or declare the auto a total loss. If the repair of a damaged part will impair the operational safety of the auto we will replace the part. In all cases we will subtract the deductible amount you selected. Unless you selected a different amount, the law sets your deductible at $500. Your deductible is shown on the Coverage Selections Page. (For Part 9 Comprehensive the deductible does not apply to glass breakage) PART 8 LIMITED COLLISION We only pay under this Part for multiple car accidents in which the driver of the auto we are covering was no more than 50% at fault. We will not pay if the owner of the other auto cannot be identified... We will consider the driver of the auto covered under this Part to be no more than 50% at fault if: 1. That auto was legally parked when struck by another auto. 2. That auto was struck in the rear by another auto moving in the same direction. 3. The operator of the other auto was convicted of certain violations... However, we will not pay if the operator of the auto covered under this Part was also convicted of one of the same violations. 4. That driver is entitled to recover in court against an identified person for some reason other than those listed above

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