OVERVIEW OF HNO, PHYSICAL DAMAGE, CASE STUDY. Presented by: Alliant Insurance

Transcription

1 OVERVIEW OF HNO, PHYSICAL DAMAGE, CASE STUDY Presented by: Alliant Insurance

2 Session Overview At the end of this presentation, participants should be able to: 1. Define what HNO means 2. Understand how coverage applies to both Hired and Non-Owned vehicles 3. Identify what exposures exist for all organizations 4. Utilize risk management tools to mitigate exposures

3 HNO Are you protected?

4 What is HNO? H = Hired Auto Hired Auto means only those autos you lease, hire, rent or borrow. This does not include any auto you lease, hire, rent or borrow from any of your employees or partners or members of their households example vehicles you rent from Avis and Enterprise NO = Non-Owned Auto Non-Owned Auto means only those autos you do not own, lease, hire or borrow that are used in connection with your business. This includes autos owned by your employees or partners or members of their households but only while used in your business or your personal affairs

5 HNO Coverage Hired Auto Liability is third party liability (bodily injury or property damage) for an accident in a covered auto hired, rented or leased auto Non-Owned Auto Liability is third party liability (bodily injury or property damage) for an accident in a covered auto employee auto this is excess of any liability coverage provided by the employee Hired Auto Physical Damage (comprehensive and collision) is property damage to a hired, rented or leased auto

6 HNO Liability Limits For any claim or suit brought under the TTCA, the limit of liability amends to $250,000 Per Person $500,000 Per Accident for Bodily Injury and $100,000 Per Accident for Property Damage For any claim or suit not subject to the TTCA, the limit of liability amends to $1,000,000 Per Accident

7 Hired Auto Physical Damage Excess comprehensive and collision coverage for hired autos $50,000 limit, actual cash value or repair, whichever is less subject to a $1,000 deductible -No deductible applies for loss caused by fire or lightning Excess of contractual coverage provided under the Statewide master rental contracts with Enterprise and Avis

8 Case Studies

9 Case Study I John an employee of a state agency, is driving to an offsite meeting in his own personal auto. John has personal auto coverage on his vehicle with the required state financial responsibility law with limits of $30,000 per person/$60,000 per accident/$25,000 property damage per accident. John hits a pedestrian in the parking lot. What insurance coverage responds to the bodily injury of the pedestrian?

10 Case Study I - Continued Primary coverage is under John s personal auto policy. If the injury costs exceed the $30,000 limit available under John s policy, the state agency s (employer) nonowned coverage applies.

11 Case Study II Nick worked at the ABC University and assisted with many of the student foundation organizations. For an event that the university and foundation were sponsoring, he rented a box truck on behalf of his employer to transport various items to the event. While en route, he accidentally struck a tow truck operator who was assisting a driver of a disabled vehicle on the side of the highway. The tow truck operator died from his injuries, leaving a wife and children.

12 Case Study II - Continued During the investigation of the accident, Nick admitted that he was uncomfortable driving a truck of this size, and that he had been tired, and may have fallen asleep at the wheel. Additional information revealed that three calls were made to 911 reporting a truck that was "swerving all over the road," prior to striking the tow truck operator. Nick was cited by the police for driving too fast for conditions. Nick had no insurance, as he did not own a personal automobile. The family of the tow truck operator sued Nick's employer, the university, alleging wrongful death and negligent supervision. Liability was assessed at 100% adverse to the university, whose insurer has reserved over $1,000,000 for this loss. What coverage applies to this loss?

13 Case Study III A safety officer was involved in an automobile accident in a rental car while attending a Leadership Conference. The officer failed to yield the right-ofway in traffic and struck another vehicle, injuring the two passengers in the other vehicle. The insurance company, on behalf of the agency, paid out $252,000 in settlement to the claimant and defense costs and $13,000 in property damages to the rental car company.

14 Case Study III The insurance company, on behalf of the agency, settled this claim because the officer was driving a rental car, and all cars rented for agency purposes are covered. The coverages involved are: - Hired Auto Liability for the claimant and the defense costs - Hired Auto Physical Damage for the damages to the rented vehicle

15 Risk Management Tools In addition to purchasing insurance coverage, state agencies and universities should proactively implement controls to reduce and minimize these risks. At a minimum, you should: Identify all employees who operate their personal vehicles or rent vehicles for business; Require these employees to provide proof of adequate limits of automobile liability insurance, generally $250,000 or higher; Obtain MVRs on all employees with driving responsibilities, and review and evaluate the records against written criteria; if the MVRs are unacceptable, the employee should not be permitted to drive a personal vehicle or a rented vehicle on business; and Establish vehicle safety and driver training programs for all employees, and implement and monitor these programs on a regular basis, reducing auto liability.

16 What you don t know may hurt you! Many forget, or do not realize, that their agency or university has an additional and potentially serious exposure to loss that arises from employees or others using a hired or non-owned vehicle for business. This is a situation in which what you don't know may hurt you.

17 Questions?