INSURING GARAGE RISKS

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1 INSURING GARAGE RISKS SANDI KRUISE INSURANCE TRAINING

2 GARAGE COVERAGE FORM... 4 Auto Dealers... 4 Non-dealers... 5 Both Dealers and Non-dealers... 5 COMPONENTS OF THE ISO GARAGE POLICY FOR DEALERS... 6 POLICY INTRODUCTION AND COVERED AUTOS (SECTION I)... 7 Garage Coverage Form... 7 SECTION I Covered Autos... 9 COVERED AUTOS DEALERS POLICY... 9 SYMBOLS... 9 COVERED AUTOS NONDEALERS POLICY SYMBOLS Symbol 21 Any Auto Symbols 22, 23, and 24 Owned Autos, Owned Private Passenger Autos, and Owned Autos Other Than Private Passenger Symbol 25 Owned Autos Subject to No-Fault Symbol 26 Owned Autos Subject to Compulsory UM Symbol 27 Specifically Described Autos Symbol 28 Hired Autos Symbol 29 Non-owned Autos Used in Named Insured's Garage Business Symbol 30 Autos Left for Service, Repair, Storage, or Safekeeping Symbol 31 Autos Held for Sale Newly Acquired Autos Trailers, Mobile Equipment, and Temporary Substitute Autos LIABILITY COVERAGE (SECTION II) Insuring Agreement Garage Operations Other Than Covered Autos Garage Operations Covered Autos Who Is an Insured Covered Autos Who Is an Insured Other Than Covered Autos Supplementary Payments Out-of-State Coverage Extensions Liability Exclusions Expected or Intended Injury Exclusions Contractual Exclusion Workers Compensation Exclusion Employee Indemnification and Employer's Liability Exclusion Fellow Employee Exclusion Care, Custody, or Control Exclusion Leased Autos Exclusion Pollution Exclusion Applicable to Garage Operations Other Than Covered Autos.. 31 Pollution Exclusion Applicable to Garage Operations Covered Autos Racing Exclusion Watercraft or Aircraft Exclusion

3 Defective Products Exclusion Work Performed Exclusion Loss of Use Exclusion Products Recall Exclusion War Exclusion Liquor Liability Exclusion Limit of Insurance Work Performed Deductible GARAGEKEEPERS COVERAGE (SECTION III) Garagekeepers Insuring Agreement Who Is an Insured Supplementary Payments Garagekeepers Exclusions Contractual Exclusion Theft or Conversion Exclusion Defective Parts and Faulty Work Exclusions Electronic and Sound Receiving Equipment Exclusion Limit of Insurance and Deductible PHYSICAL DAMAGE COVERAGE (SECTION IV) Insuring Agreement Comprehensive Coverage Specified Causes of Loss Coverage Collision Coverage Towing Coverage Nondealers Glass Breakage Temporary Transportation Expense Exclusions Leased or Rented Auto Exclusion Racing Exclusion False Pretense Exclusion Dealer Exclusions Wear and Tear Exclusion Limits of Insurance Deductible Non-Dealers Only Special Deductible Provisions GARAGE CONDITIONS (SECTION V) Loss Conditions Appraisal for Physical Damage Loss Duties in the Event of Accident, Claim, Suit, or Loss Legal Action Against Insurer Loss Payment Options Physical Damage Transfer of Rights of Recovery Bankruptcy Concealment, Misrepresentation, or Fraud Liberalization

4 No Benefit to Bailee Physical Damage Coverages Other Insurance Premium Audit Policy Period, Coverage Territory Two or More Coverage Forms or Policies Issued by Insurer DEFINITIONS (SECTION VI) "Accident" "Auto" "Bodily Injury" "Covered Pollution Cost or Expense" "Employee" "Garage Operations" "Insured" "Insured Contract" "Leased Worker" "Loss" "Pollutants" "Products" "Property Damage" "Suit" "Temporary Worker" "Trailer" "Work You Performed" CLOSING COMMON GARAGE INSURANCE COVERAGE GAPS Dealer Exclusions COLLISION RADIUS LIMITATION DRIVEAWAY COLLISION COVERAGE Damage to Products DEFECTIVE PRODUCT EXCLUSION BROAD FORM PRODUCTS COVERAGE ENDORSEMENT False Pretense FALSE PRETENSE COVERAGE ENDORSEMENT Broadened Coverage Garages ADDITIONAL COVERAGES PROVIDED BY ENDORSEMENT CA All Risk Legal Liability Coverage Customer Coverage ELIMINATION OF CUSTOMER COVERAGE Drive Other Car Coverage DRIVE OTHER CAR COVERAGE EXCERPTS Conclusion

5 GARAGE COVERAGE FORM The garage policy is a specialized form designed to provide insurance to commercial entities that are in a business related to autos, such as selling, servicing, or repairing autos. The exposures and insurance needs of such businesses are distinctive in that auto liability and general liability coverage needs tend to overlap. The garage policy combines, in one form, coverage for liability exposures arising from the entity's premises, operations, products, completed operations, independent contractors, contracts, along with ownership, maintenance, or use of autos. There are two types of garage policies written, depending on whether the insured is a franchised or nonfranchised auto dealer (referred to in the garage policy as a dealer or as an auto dealership), or an auto service operation or a trailer dealer (referred to as a nondealer or as "something other than an auto dealership"). Auto Dealers Auto dealers sell, service, and repair new or used private passenger autos, trucks, trucktractors, motorcycles, recreational vehicles, and other self-propelled land motor vehicles. Franchised dealers typically sell new models produced by one or a limited number of manufacturers, and usually offer a full range of services to their customers. They also act as the manufacturer's contact point in a given locale for authorized services or repairs, including any that might be necessitated by a product recall. Franchised dealers may also sell used vehicles taken as trade-ins in connection with their new car sales. Nonfranchised dealers, on the other hand, do not have a specific arrangement with a manufacturer and generally sell used autos. It is unusual for them to offer anything but routine services in connection with their vehicle sales. In some states equipment and implement dealers may be covered as auto dealers under a garage policy. In most states, however, these types of businesses are not eligible. For both franchised and nonfranchised dealers, the premium charge for the liability portion of the garage policy is based on number of rating units, (the number of Class I employees and Class II non-employees). The term Class I employee includes proprietors, partners, and officers active in the business; salespersons, general managers, and service managers; and employees including part-time employees. Class I employees who are neither furnished a garage auto nor whose principal duties involve the operation of autos are counted as 40 percent of a rating unit; employees working less than 20 hours a week are discounted by one-half before determining number of rating units; each employee counts as one rating unit. The term Class II nonemployee includes any individual other than a person described in Class I who is regularly furnished with a dealer's auto. This could include inactive proprietors, partners, or officers, and relatives of either Class I employees or other Class II nonemployees who are regularly furnished with a covered auto. Class II nonemployees under the age of 25 are counted as 1.15 rating units, while those 25 or over are counted as one-half a rating unit. The premium charge, determined by multiplying rates by the number of rating units, encompasses both the exposure arising out of premises and operations and the use of autos. There is no separate premium charge for autos except those furnished for regular use to entities that are neither Class I employees nor Class II nonemployees. 4

6 The CLM lists six classes of business for which the dealer s version of the garage coverage form is appropriate. The six classes for which a dealer s policy is universally applicable are the following. Franchised private passenger auto dealers Franchised truck or truck-tractor dealers Franchised motorcycle dealers, including any two-wheeled cycle vehicles Franchised recreational vehicle (RV) dealers Other franchised self-propelled land motor vehicle dealers Nonfranchised dealers of any of the foregoing types of vehicles In a few states a seventh class equipment and implement dealers may still be covered as a dealer under a garage policy. Non-dealers Non-dealers typically involve service and repair operations, such as repair shops, service stations, public parking facilities, and tow truck operators, as well as both franchised and nonfranchised trailer dealers. Liability premium rating for nondealers is very different from that of dealers. Premium for the premises-operations and nonowned autos exposure is based on payroll; a separate charge is determined for hired autos based on cost of hire and for owned autos based on weight, business use, and radius of operations. Both Dealers and Non-dealers The insured may purchase coverage under the garage policy for loss related to physical damage to its own vehicles and also to vehicles in its possession on consignment for sale. The insured may also purchase garagekeepers coverage for loss to vehicles left in its care. Garagekeepers coverage may be limited so that it applies only when the insured is legally liable, or it may apply in a broader manner. Coverage may be provided either on a monoline or a package basis. In either case, the components for providing coverage under the ISO program consist of the common policy conditions (IL 00 17), nuclear energy liability exclusion endorsement (IL 00 21), garage coverage form (CA 00 05), and garage declarations (CA 00 06). Used when the policy is written on a monoline basis, or CA when the garage policy is included in a package format. In addition to the forms listed above, ISO has developed supplementary schedules to record exposures and rating information for businesses insured under a garage coverage form. The garage coverage form auto dealers' supplementary schedule (CA DS 07) is appropriate for the dealers version while the garage coverage form nondealers' and trailer dealers' supplementary schedule (CA DS 08) is appropriate for non-dealers such as auto service operations. 5

7 COMPONENTS OF THE ISO GARAGE POLICY FOR DEALERS The following forms are used to structure a garage policy for a dealer when it is part of a package policy. IL IL IL CA CA CA Common Policy Conditions Common Policy Declarations Nuclear Energy Liability Exclusion Endorsement Garage Coverage Form Garage Coverage Form Declarations Garage Coverage Form Auto Dealers Supplementary Schedule The following forms are used to structure a monoline garage policy for a dealer. IL IL CA CA CA Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement Garage Coverage Form Garage Declarations Garage Coverage Form Auto Dealers Supplementary Schedule Nondealer garage insureds may also purchase insurance under a garage coverage form. However, the rating mechanism for nondealer insureds differs from that of dealers. For non-dealers the rating is separate for general liability exposures and auto liability exposures, while for dealers the rating is combined. The six classes of business that qualify for the ISO CLM category of nondealer insureds include the following. Repair shops primarily engaged in the repair of autos, including body, fender, radiator, ignition service, and paint shops (including incidental self-service operations) Service stations primarily engaged in the servicing of autos and the sale and installation of auto accessories (including car washes and incidental self-service operations, but not include major engine or body repair work) Storage garages and public parking places primarily engaged in storing or parking autos Franchised and nonfranchised residence-type mobile home trailer dealers Franchised and nonfranchised commercial trailer dealers Tow truck operators exclusively engaged in operating tow trucks and not incidental to any other classification described above The garage coverage form (CA 00 05) is specifically structured to address the needs of auto dealers and automobile service operations. Each of the garage coverage form sections (Covered Autos, Liability Coverage, Garagekeepers Coverage, Physical Damage Coverage, Garage Conditions, and 6

8 Definitions) is analyzed separately in the following sections of this course. The actual policy wording of the July 1997 garage coverage form is shown inside a box, followed by a discussion of each provision. POLICY INTRODUCTION AND COVERED AUTOS (SECTION I) The scope of coverage in the garage policy is set out by symbols in the declarations that describe the autos or type of autos to which a particular coverage applies. It is extremely important to use correct symbols to activate coverages as intended. The symbols used with the garage policy are similar to, but different from those used with the business auto policy (BAP). If a symbol is shown next to "Liability" in the declarations, the policy extends to cover the insured's exposure to liability resulting from garage operations as well as liability resulting from the ownership, operation, or use of covered autos. Even if the insured only purchases auto liability coverage for one specifically described auto, the policy also covers the insured's exposure to liability for loss resulting from its garage operations. If the insured purchases liability insurance to cover its exposure to liability arising out of the ownership, maintenance, or use of any automobile, symbol 21 (any auto) would be indicated in the policy declarations. If, on the other hand, the insured purchases liability insurance to cover its exposure to liability arising out of its ownership, maintenance, or use of only specifically described autos, the symbol 27 (specifically described autos) would be indicated. In either case, the garage liability policy would apply to the insured's exposure to loss arising out of its garage premises and all operations necessary or incidental to its "garage operations," as defined in the policy. Since, many of the garage coverage options are effected by an indication in the garage declarations, the declarations page is of ultimate importance. To effect coverage, the appropriate symbols must be shown and applicable premium indicated. The policy provides only those coverages where a charge is shown in the premium column and applies only to those autos shown as covered autos. The declarations schedule also contains space for limits that determine how much the insurer will pay for any one accident or loss, as well as the most the insurer will pay in the aggregate in the case of liability arising out of garage operations (other than for ownership, maintenance, or use of covered autos). Garage Coverage Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we" "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. 7

9 This introductory section is designed to set the stage for the "easy-to-read" policy wording and to encourage the insured and the courts to read and consider the entire policy in order to settle coverage questions whenever they arise. The second paragraph of this section defines the two parties to the contract (the insurer and the named insured). While the majority of definitions pertaining to the garage coverage form are found in Section VI of the form, the words referring to the named insured and the insurer are defined here. It is important to list all named insureds in the policy declarations or by endorsement to assure the broadest coverage available for the entities and individuals who qualify as named insureds. The third paragraph refers to the section of the form where other applicable definitions are located. 8

10 SECTION I Covered Autos Section I of the garage coverage form sets out the symbols that may be used in the declarations to indicate autos that are "covered autos" under the policy. These symbols are extremely important in determining how the policy applies, so it is imperative that both agents and insureds understand them. COVERED AUTOS DEALERS POLICY The following list displays the garage symbols for covered autos that may be used to signify the various coverages available in the garage policy when the insured is a dealer. SYMBOLS 21 Any Auto 22, 23, or 24 Owned Autos 25 Owned Autos Subject to No-Fault 26 Owned Autos Subject to Compulsory UM 27 Specifically Described Autos 28 Hired Autos 29 Nonowned Autos 30 Autos Left for Service 31 Dealers Autos Coverages Liability Yes No No No No No No No No Personal Injury No No Yes No Yes1 No No No No Protection Medical Payments Yes No No No No No No No No Uninsured Motorists No Yes2 No Yes Yes1 No No No No Underinsured No Yes2 No Yes Yes1 No No No No Motorists Garagekeepers No No No No No No No Yes No Physical Damage Other Physical No Yes No No Yes1 Yes1 No No Yes3 Damage 1 Although symbols 27 and 28 theoretically may be used to activate coverage as shown for an insured who is dealer, as a practical matter the symbols are not usually used for dealers. 2 When fleet automatic UM/UIM coverage is desired in those states in which such coverage may be rejected, either the owned auto symbol 22 (owned autos) or 23 (owned private passenger autos) may be used. Symbol 23 (owned autos other than private passenger) would usually not be used. 9

11 3 When symbol 31 is used for dealers, symbols 22 (owned autos), 23 (owned private passenger autos), and 24 (owned autos other than private passenger) are not needed since the dealers autos designation would include autos owned by the dealer. COVERED AUTOS NONDEALERS POLICY The following list displays the garage symbols for covered autos that may be used to signify the various coverages available in the garage policy when the insured is not a dealer. SYMBOLS 21 Any Auto 22, 23, or 24 Owned Autos 25 Owned Autos Subject to No-Fault 26 Owned Autos Subject to Compulsory UM 27 Specifically Described Autos 28 Hired Autos 29 Nonowned Autos 30 Autos Left for Service 31 Autos Held for Sale Coverages Liability Yes1 Yes2 No No Yes2 Yes2 Yes2 No No Personal Injury No No Yes No Yes No No No No Protection Medical Payments Yes1 Yes2 No No Yes2 No Yes2 No No Uninsured Motorists No Yes No Yes Yes No No No No Underinsured No Yes No Yes Yes No No No No Motorists Garagekeepers No No No No No No No Yes No Physical Damage Other Physical No Yes No No Yes Yes No No Yes Damage 1 Symbol 21 may, but in most cases will not, be used for nondealer garage insureds for liability and medical payments coverage. 2 Symbols 22, 23, 24, 27, 28, and 29 are not needed for liability and medical payments coverage in the event symbol 21 is used. 10

12 Item Two of the Declarations shows the "autos" that are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". This paragraph shows how the section coordinates with the schedule of covered autos on the declarations. This section describes all the symbols that may be used to denote coverage, while the declarations schedule displays which symbols actually apply. Eleven symbols are listed in this section of the policy, some of which are only used to denote one particular type of coverage. Endorsement CA may be used to describe a unique symbol (between 31 and 40) to fit a particular need. Symbol 21 Any Auto A. Description of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 21 Any Auto Symbol 21 (any auto) is used to denote that any auto is a covered auto for purposes of this policy. The symbol, intended for use only with liability or medical payments coverage, provides coverage to the insured for bodily injury or property damage resulting from garage operations, including liability relating to the ownership, maintenance, or use of covered autos and any other liability resulting from garage operations (premisesoperations and products-completed operations liability). When symbol 21 is used for medical payments coverage, both the auto medical payments coverage endorsement (CA 99 03), and the garage locations and operations medical payments coverage endorsement (CA 25 05), should be attached to the policy. Symbol 21 (any auto) affords the broadest liability and medical payments coverage available under the garage policy. When this symbol applies, no other symbols apply to the policy's liability or medical payments coverage. Insurers may be reluctant to allow the use of symbol 21 for nondealer garage insureds because of its breadth and the need to monitor actual exposures so as to collect the correct premium. Symbol 21 may be used to activate: liability and medical payments coverage. The symbol must always be used to provide liability coverage for auto dealers. 11

13 Symbols 22, 23, and 24 Owned Autos, Owned Private Passenger Autos, and Owned Autos Other Than Private Passenger 22 Owned Autos Only Only those autos you own (and for Liability Coverage any trailers you don t own while attached to power units you own). This includes those autos you acquire ownership of after the policy begins. 23 Owned Private Passenger Autos Only Only the private passenger autos you own. This includes those private passenger autos you acquire ownership of after the policy begins. 24 Owned Autos Other Than Private Passenger Autos Only Only those autos you own that are not of the private passenger type (and for Liability Coverage any trailers you don t own while attached to power units you own). This includes those autos not of the private passenger type you acquire ownership of after the policy begins. Symbols 22, 23, and 24 refer to autos the named insured owns. When any one of these symbols is used alone, the coverage does not extend to hired, borrowed, or nonowned autos (except liability for substitute automobiles and for trailers attached to the named insured's own power units). Coverage does apply for newly acquired vehicles. Symbols 22, 23, or 24 may be used to activate: liability and medical payments coverage (for nondealers only) and physical damage and uninsured/underinsured motorist s coverage for both dealers and nondealers. Symbol 25 Owned Autos Subject to No-Fault 25 Owned Autos Subject To No-Fault Only those autos you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those autos you acquire ownership of after the policy begins provided they are required to have No-Fault benefits in the state where they are licensed or principally garaged. Symbol 25 (owned autos subject to no-fault), is reserved for no-fault, or personal injury protection (PIP) coverage. The symbol affords automatic coverage for all owned vehicles that are required to have no-fault benefits in the states where they are licensed or principally garaged. Symbol 25 (owned autos subject to no-fault) and symbol 27 (specifically described autos) are the only two symbols that may be used to designate 12

14 PIP coverage. Symbol 25 (owned autos subject to no-fault) is used when no-fault coverage is to be afforded automatically for all eligible vehicles. Symbol 27 (specifically described autos), on the other hand, requires the insured to notify the insurer of newly acquired vehicles within 30 days to affect the coverage. To assure that the required coverage is available and that the insured is in compliance with no-fault statutes, symbol 25 is the preferred choice for no-fault coverages. Symbol 25 is appropriate in any state with a no-fault law. Symbol 26 Owned Autos Subject to Compulsory UM 26 Owned Autos Subject To A Compulsory Uninsured Motorists Law Only those autos you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those autos you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorist s requirement. Symbol 26 (owned autos subject to a compulsory UM law), is reserved for use in states in which UM coverage is required by law and cannot be rejected. This symbol affords automatic coverage only in those compulsory UM states. To obtain automatic coverage in all states, either symbol 22 (owned autos) or symbol 23 (owned private passenger autos) may be used. If the insured wants to buy UM/UIM only on certain specified vehicles, and the state law allows such an approach, symbol 27 (specifically described autos) may be used. Symbol 27 Specifically Described Autos 27 Specifically Described Autos. Only those autos described in Item Seven of the Non-Dealers and Trailer Dealers Supplementary Schedule or Item Nine of the Dealers Supplementary Schedule for which a premium charge is shown (and for Liability Coverage any trailers you don t own while attached to a power unit described in Item Seven or Item Nine). Symbol 27 (specifically described autos) is used to signify that the policy coverage applies only to specifically described autos. This symbol may be used for nondealers to activate any of the coverages except garagekeepers or for dealers to activate coverages other than liability, medical payments, and garagekeepers. When used to activate liability coverage, it includes liability coverage for nonowned trailers attached to a described power unit. The symbol also provides a limited amount of protection for newly acquired vehicles, if the insurer already covers all owned autos for a particular coverage 13

15 or the newly acquired vehicle replaces a previously owned vehicle which had that coverage and the insured informs the insurer within 30 days of acquisition that the coverage is desired. When this symbol is used, it is up to the insured to make sure all vehicles are reported to the insurer for coverage to apply. Symbol 27 may be used to activate: liability, physical damage, medical payments, personal injury protection, and uninsured/underinsured motorists coverage. Symbol 27 may be used for both dealers and non-dealers, but it will most often be used for nondealers to limit physical damage coverage to specified autos. For dealers, it might be used to provide physical damage coverage on a specified furnished auto. Symbol 28 Hired Autos 28 Hired Autos only. 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, partners, (if you are a partnership), members (if you are a limited liability company) or members of their households. Symbol 28 (hired autos) may be used to designate coverage for leased, hired, rented, or borrowed autos only. Autos that are owned by employees, partners, members of limited liability companies, or members of the households of any of these are specifically excluded in this designation of covered autos. Symbol 28 (hired autos) may be used for physical damage coverage, either alone or in conjunction with symbols 22 (owned autos), 23 (owned private passenger autos), 24 (owned autos other than private passenger), or 27 (specifically described autos). It may not be used for no-fault or uninsured motorist s coverage, nor for medical payments coverage. Its use for liability coverage is limited to nondealer insureds. Symbol 28 may be used to activate liability coverage for non-dealers and physical damage coverage for dealers or non-dealers. The physical damage coverage is primary for autos leased, hired, rented, or borrowed without drivers. Although theoretically symbol 28 may be used for both dealer and nondealer risks, it is normally seen only in nondealer risks. The Auto Dealers' Supplementary Schedule does not even include a schedule of hired or borrowed cars. Symbol 29 Non-owned Autos Used in Named Insured's Garage Business 29 Non-Owned Autos Used In Your Garage Business Any auto you do not own, lease, hire, rent or borrow used in connection with your garage business described in the Declarations. This includes autos owned by your employees or partners (if you 14

16 are a partnership), members (if you are a limited liability company), or members of their households while used in your garage business. Symbol 29 may be used to activate liability and medical payments coverage for nondealers. Symbol 29 (non-owned autos) is designed to afford liability coverage for automobiles the named insured does not own, hire, lease, rent, or borrow that are used in connection with the named insured's garage business. Autos that are owned by employees, partners, members of limited liability companies, or members of their households are considered nonowned autos if they are used in connection with the garage business. Also included within this symbol are customers' autos that are being tested, for example, after they have been repaired. Symbol 30 Autos Left for Service, Repair, Storage, or Safekeeping 30 Autos Left With You For Service, Repair, Storage Or Safekeeping Any customer s land motor vehicle or trailer or semi-trailer while left with you for service, repair, storage or safekeeping. Customers include your employees, and members of their households, who pay for the services performed. Symbol 30 (autos left for service, repair, storage, or safekeeping) refers to autos in the insured s custody because of the named insured's garage operations. This symbol is reserved for garagekeepers coverage and provides coverage for direct and accidental loss or damage to a customer's auto or its equipment while the auto is in the insured's care for servicing, repair, storage, or safekeeping. Coverage can be written on a direct (primary or excess) basis, for an additional premium charge. Symbol 30 is the only appropriate symbol to activate garagekeepers coverage. Garage employees' autos are included in this symbol if they are paying for the work done on their autos. Symbol 31 Autos Held for Sale 31 Dealers Autos And Autos Held For Sale By Non-Dealers Or Trailer Dealers (Physical Damage Coverages) Any autos and the interests in these autos described in Item Seven of the Dealers Supplementary Schedule or Item Nine of the Non-Dealers and Trailer Dealers Supplementary Schedule. 15

17 Symbol 31 (dealers autos and autos held for sale) is specifically reserved for physical damage coverages. Symbol 31 is incomplete in and of itself and must be accompanied by further information shown on a supplementary schedule. If the insured is a dealer, item seven of the garage coverage form auto dealers' supplementary schedule (CA 00 07) must be completed. For nondealer insureds, item nine of the garage coverage form nondealers' and trailer dealers' supplementary schedule (CA 00 08) must be completed. When a garage policy covers a dealership, there is no schedule of autos for liability purposes since (except for certain furnished autos) such information is not required for rating purposes. To simplify record keeping and reporting fleet changes to the insurer, a dealer may also wish to avoid the necessity of scheduling autos (other than the aforementioned furnished autos) for physical damage coverages. Symbol 31 affords the dealer that opportunity. There is no need to keep track of individual changes in the insured's fleet during the policy period. There is, however, the necessity of making sure that the total value of the insured's fleet is included in the insured's report of values at its main location. If the policy is on a reporting basis, each report must include those values. If the policy is not on a reporting basis, the limit at the main location must be high enough to include the total value of the insured's service vehicles and any furnished autos that are not specifically scheduled. Another important point which should be emphasized in connection with coverage activated by symbol 31 is that each scheduled location has its own limit of insurance. Often dealers will decide to display, store, or sell autos from some other location and assume automatic physical damage coverage is available for that additional location. This is not true! Automatic coverage is available only for a period of 45 days. In addition to the insured dealer's own autos, symbol 31 (dealers autos and autos held for sale) may be used to designate physical damage coverage for autos held for sale. Such autos may be owned outright by the dealer (e.g., used cars accepted for trade-in), financed by a division of the auto manufacturer or some other creditor (e.g., new cars financed under a floor plan), or not owned by either the dealer or any creditor (e.g., an auto owned by a third party that is in the dealer's possession on consignment for sale). Because of their ownership or security interests, other parties besides the insured dealer would suffer a financial loss if some of the autos were damaged. The dealer, therefore, has the option of purchasing coverage to protect those interests. The same advantages and disadvantages that apply in connection with this symbol 31 for owned autos also apply to these autos held for sale. That is, wherever the auto dealers' supplementary schedule shows that coverage is to be afforded, the total value of such must be included in the limit of insurance and values reported to the insurer. The boxes checked must be carefully coordinated with any other physical damage coverages available (such as those provided by a floor plan creditor under floor plan 16

18 insurance) to avoid gaps and overlaps. This can be very confusing since the coverages included under floor plan insurance vary by floor plan creditor. The premium is determined by a rate multiplied by the total value of the autos for which coverage is intended. The broader this provision applies, the greater the premium charge. If the total value in the insured's possession at the time of a loss is greater than the total value shown in the schedule or on interim reports submitted to the insurer, the insured's loss recovery will be limited in proportion to the deficiency. This provision acts in the same manner as a coinsurance clause in a property insurance policy. In view of these provisions, it is important that the insured select options wisely and monitor actual values and values reported to the insurer. Newly Acquired Autos B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 21, 22, 23, 24, 25, or 26 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 27 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; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. This provision is exactly like the BAP provision regarding newly acquired vehicles. Paragraph B. of this section of the garage coverage form deals with coverage for autos the named insured acquires during the term of the policy after the inception date. The extent of the coverage for newly acquired vehicles depends on the symbol used for each of the coverages under the policy. Trailers, Mobile Equipment, and Temporary Substitute Autos C. Certain Trailers And Temporary Substitute Autos 17

19 If Liability coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. Paragraph C. refers only to automobile liability coverage and extends the coverage to certain trailers and temporary substitute autos if liability coverage is provided under the policy. The coverage under this provision applies whether the policy's liability coverage is provided under the broadest symbol of coverage, or whether the coverage applies only to specifically described autos. A number of state endorsements extend coverage for temporary substitute autos beyond what is contained by this provision. 18

20 LIABILITY COVERAGE (SECTION II) Section II of the garage coverage form establishes the terms and conditions dealing specifically with liability coverage. It includes two separate insuring agreements, "who is an insured" provisions, and "limit of insurance" provisions one dealing with garage operations involving the ownership, maintenance, or use of autos and the other dealing with all other garage operations. This section of the policy also includes liability coverage extensions, exclusions, and a deductible provision. Insuring Agreement The garage coverage form offers a broad combination of liability coverages related to the auto hazard and premises-operations type coverage that would normally be insured under a commercial general liability (CGL) coverage form. This allows for broad coverage without gaps or overlaps between coverage forms. Because of this, the garage policy's insuring agreement is separated into two parts one pertaining to the auto liability hazard and the other pertaining to liability related to garage operations. Garage Operations Other Than Covered Autos A. Coverage "GARAGE OPERATIONS" OTHER THAN COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies caused by an "accident" and resulting from "garage operations" other than the ownership, maintenance or use of covered "autos". We have the right and duty to defend any "insured" against a "suit" asking for these damages. However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the applicable Liability Coverage Limit of Insurance "Garage Operations" Other Than Covered "Autos" has been exhausted by payment of judgments or settlements. This first insuring agreement deals with liability arising from hazards other than ownership, maintenance, or use of autos. It is the CGL portion of garage liability coverage. The first insuring agreement states the insurer's promise to pay sums that an insured becomes legally obligated to pay as damages because of bodily injury or property 19

21 damage resulting from its garage operations other than the ownership, maintenance, or use of covered autos, such as: Premises-operations liability Products-completed operations liability Independent contractors liability Coverage under this insuring agreement is invoked any time the garage policy's declarations page shows a covered autos symbol next to liability coverage. Regardless of whether the covered auto symbol is as broad as symbol 21 (any auto) or as narrow as symbol 27 (specifically described autos), liability coverage is available for the named insured's garage operations. The second paragraph of this insuring agreement includes the insurer's obligation to defend insureds against suits asking for damages for bodily injury or property damage. As with other liability coverages, the insurer has the right to control the defense. The insurer's duty to defend or settle ends when the applicable limit of insurance (for garage operations other than covered autos) is exhausted by payment of judgments or settlements. Coverage described by this insuring agreement is subject to an aggregate limit as well as a per-accident limit. Garage Operations Covered Autos "GARAGE OPERATIONS" COVERED "AUTOS" We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from "garage operations" involving the ownership, maintenance or use of covered "autos". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from "garage operations" involving the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance "Garage Operations" Covered "Autos" has been exhausted by payment of judgments or settlements. 20

22 The second insuring agreement relates to the insured's exposure to liability loss resulting from garage operations involving the ownership, maintenance, or use of covered autos (i.e., auto liability coverages). It parallels the insuring agreement in the business auto policy (BAP) liability coverage. It contains the insurer's promise to pay sums that an insured becomes legally obligated to pay as damages because of injury or damage resulting from the ownership, maintenance, or use of a covered auto. The second paragraph extends the policy's auto liability coverage to apply to pollution cleanup cost or expense in conjunction with covered bodily injury or property damage covered by the same accident. The term "covered pollution cost or expense" is defined in the policy. The insurer is obligated to defend insureds against suits seeking damages or pollution cleanup costs. There is no duty however, to defend against suits for liability to which the policy does not apply. The insurer may investigate and settle any claim or suit as it considers appropriate. The insurer and not the insured controls the investigation and settlement of claims and suits. The insurer's duty to defend or settle ends when the limit of liability has been exhausted by payment of judgments or settlements. The apparent exhaustion of limits by loss reserves does not relieve the insurer's defense obligation. Limits are not considered exhausted until they are actually paid out. Who Is an Insured Covered Autos 1. Who Is An Insured a. The following are "insureds" for covered "autos": (1) You for any covered "auto". (2) Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (a) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (b) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (c) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is your "garage operations". (d) Your customers, if your business is shown in the Declarations as an "auto" dealership. However, if a customer of yours: 21

23 (i) Has no other available insurance (whether primary, excess or contingent), they are an "insured" but only up to the compulsory or financial responsibility law limits where the covered "auto" is principally garaged. (ii) Has other available insurance (whether primary, excess or contingent) less than the compulsory or financial responsibility law limits where the covered "auto" is principally garaged, they are an "insured" only for the amount by which the compulsory or financial responsibility law limits exceed the limit of their other insurance. (e) A partner (if you are a partnership), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household. (3) Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. The definition of "insured" as respects covered autos is broken into three segments the named insured, permissive users, and anyone liable for the conduct of an insured. The broadest coverage is afforded to the named insured. The main difference between the coverage for the named insured and that for permissive users is that there are a number of situations where the permissive user would not be covered. Exceptions to the coverage for permissive users are intended to eliminate overlaps with coverage under the permissive user s auto liability coverage. With the exception of subparagraph (d) which applies only to auto dealerships, the garage liability "who is an insured" provision for covered autos is either the same as or very similar to the BAP liability provision. The state amendatory endorsements apply to the garage policy as well as to the business auto policy. The policy affords limited coverage for customers. Subparagraph (d) precludes coverage for the dealer's customers except for that mandated by laws. If the customer has no other available insurance, he or she is an insured but only up to the compulsory or financial responsibility law limits of the jurisdiction where the auto is principally garaged. If the customer has insurance available but it is less than that required by the law, he or she is an insured for the difference between the available limits and the required limits. Endorsements in a number of states amend the provisions of subparagraph (d) so that customers are insureds up to limits required in the state where the covered auto is principally garaged. The Commercial Lines Manual (CLM) division one automobile rule 49.B provides that subparagraph (d) may be deleted. When unlimited coverage for customers is to be afforded, item five of the garage coverage form auto dealers' supplementary schedule (CA 00 07) should be marked with an "X" to indicate that. It usually requires a surcharge of the policy s liability rates. 22

24 Who Is an Insured Other Than Covered Autos b. The following are "insureds" for "garage operations" other than covered "autos": (1) You. (2) Your partners (if you are a partnership), members (if you are a limited liability company), "employees", directors or shareholders but only while acting within the scope of their duties. The "who is an insured" provision for garage operations is limited to the named insured and the named insured's partners, members, employees, directors, or shareholders but only while they are acting within the scope of their duties. This provision is significantly more narrow than the who is an insured provision of the CGL policy. The garage policy does not include as an insured the spouse of an individual, partners' spouses, real estate managers, the named insured's legal representative in case of death, or newly acquired organizations. Executive officers would probably be covered as employees, although they are not specifically listed as insureds for this coverage. Many of the classes of insureds under the CGL may also be insureds under the garage policy, but they become insureds by endorsement only and are not automatically covered. These classes of insureds include a proprietor's spouse or family members, and newly acquired organizations. If the insured is an individually owned auto dealership, the individual named insured dealers only endorsement (CA 99 18) should be attached to extend the policy definition of "you" and "your" to include the named insured's spouse if a resident of the same household. With that endorsement, the named insured's spouse is also an insured. If the policy covers an individually owned business other than a dealership, the individual named insured endorsement (CA 99 17) should be attached. It not only amends the definition of "you" and "your," it also provides drive other car coverage for members of the named insured's household. The optional broadened coverage garages endorsement (CA 25 14), gives insured status to newly acquired garage businesses for 90 days and also to partners' spouses if the garage is a partnership. This endorsement is subject to an additional premium charge. Executive officers are probably granted insured status along with other employees of the named insured. However, the failure to specifically list them as insureds could create an ambiguity that should be addressed before a problem arises. The CGL policy differentiates between executive officers and other employees with respect to the fellow employee exclusion. Corporations insured under a garage policy 23

25 should clarify, perhaps by manuscript endorsement, that executive officers are indeed insureds. Wording the endorsement so as to differentiate between executive officers and employees could enhance coverage for executive officers. Another optional endorsement that amends the "who is an insured" provision, the owners of garage premises endorsement (CA 25 09) is used to extend the premises liability coverage to the owner/lessor of the insured's leased premises. An additional premium will be charged for this endorsement. The optional additional insured garages grantor of franchise endorsement (CA 20 49) affords insured status under the garage operations other than covered autos section of the policy for the grantor of a franchise when the insured garage is operating under such franchise agreement. The endorsement covers the franchiser's vicarious liability with respect to garage operations other than covered autos. The optional additional insured lessor of leased equipment (CA 20 47) is designed to afford coverage for the "existence hazard only" to the owner of equipment leased to a garage or repair shop. The endorsement is patterned after a CGL endorsement (CG 20 28) with the same title. The owner of the leased equipment named in the endorsement is an insured but only with respect to its liability arising out of the maintenance, operation, or use by the named insured of the leased equipment. The endorsement contains the following three exclusions: (a) for an accident that takes place after the equipment lease expires; (b) for bodily injury, property damage, or covered pollution cost or expense arising out of the equipment owner's sole negligence; (c) for bodily injury, property damage, or covered pollution cost or expense arising out of "work you performed" (as defined) in connection with such leased equipment. This garage endorsement is quite broad in scope. First, nothing in the endorsement defines what type of equipment is the subject of the endorsement. Second, although coverage is precluded under the endorsement for the additional insured lessor with respect to his or her sole negligence, this exclusion would not apply to a claim alleging contributory negligence of the lessor. Third, the endorsement does not specify that it applies only to the non-auto portion of the "who is an insured" provision. Exclusions b and c preclude coverage for "bodily injury, property damage, or covered pollution cost or expense arising out of...". The insuring agreement as respects garage operations other than covered autos provides coverage for bodily injury or property damage liability only; coverage for covered pollution cost or expense is available only for garage operations involving ownership, maintenance, or use of covered autos. There are no provisions to give insured status in the garage policy to real estate managers or to legal representatives in case of death. Supplementary Payments 2. Coverage Extensions 24

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