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Chapter 10 Auto Insurance
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-2 Agenda o Personal Auto Policy –Part A: Liability Coverage –Part B: Medical Payments Coverage –Part C: Uninsured Motorists Coverage –Part D: Coverage for Damage to Your Auto –Part E: Duties After an Accident or Loss –Part F: General Provisions o Insuring Motorcycles and Other Vehicles
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-3 Personal Auto Policy Basics The 2005 Personal Auto Policy (PAP) is widely used throughout the US –Drafted by the ISO, it replaces the 1998 form Eligible vehicles include: –A four-wheeled motor vehicle owned or leased by the insured for at least six consecutive months –A pick-up or van with a gross vehicle weight rating of 10,000 pounds or less
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-4 Personal Auto Policy Basics Autos covered by the policy include: –Any auto shown in the declarations –A newly acquired auto –A trailer owned by the named insured –A temporary substitute vehicle, which is a nonowned auto or trailer used temporarily because of mechanical breakdown, repair, servicing, loss, or destruction of a covered vehicle
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-5 Summary of PAP Coverages The PAP consists of a declarations page, a definition page, and the following six parts: Part A: Liability coverage Part B: Medical payment coverage Part C: Uninsured Motorists coverage Part D: Coverage for damage to your auto Part E: Duties after an accident or loss Part F: General provisions
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-6 Part A: Liability Coverage Liability coverage (Part A) is the most important part of the PAP –It protects a covered person against a suit or claim arising out of the ownership or operation of a covered vehicle –The coverage is usually written in split limits, where the amounts of insurance for bodily injury liability and property damage liability are stated separately –Split limits of 250/500/100 mean that you have bodily injury coverage of $250,000 for each person, a maximum of $500,000 of bodily injury coverage per accident, and a maximum of $100,000 for property damage liability
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-7 Part A: Liability Coverage Liability coverage applies to: –The named insured and any resident family member –Any person using the named insured’s covered auto –Any person or organization legally responsible for any insured’s use of a covered auto on behalf of that person or organization –Any person or organization legally responsible for the named insured’s or family members’ use of any auto or trailer (other than a covered auto or one owned by the person or organization)
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-8 Part A: Liability Coverage The insurer also agrees to provide defense and pay all legal defense costs for claims covered by the policy The policy also allows for certain supplementary payments including: –The cost of a bail bond –Premiums on appeals bonds –Interest accruing after a judgment –Loss of earnings ($200/day) –Other reasonable expenses
Copyright ©2014 Pearson Education, Inc. All rights reserved.22-9 Part A: Liability Coverage Exclusions to the coverage include: –Intentional injury or damage –Property owned or transported –Property rented, used, or in the insured’s care –Bodily injury to an employee –Use as a public livery or conveyance –Vehicles used in the auto business –Vehicles with fewer than four wheels –Vehicle furnished for the insured’s regular use
Copyright ©2014 Pearson Education, Inc. All rights reserved Part A: Liability Coverage If an accident occurs in another state, and the financial responsibility law in that state has higher liability limits than shown in the declarations, the PAP automatically provides the higher limits If more than one liability policy covers a loss: –The insurer pays its pro rata share of the loss for an owned vehicle –The insurance coverage is excess over any other insurance for a nonowned vehicle
Copyright ©2014 Pearson Education, Inc. All rights reserved Exhibit 22.1 Primary and Excess Insurance
Copyright ©2014 Pearson Education, Inc. All rights reserved Part B: Medical Payments Medical payments coverage covers all reasonable medical and funeral expenses incurred by an insured in an accident The named insured and family members are covered: –While occupying any motor vehicle, or –As pedestrians when struck by a motor vehicle Other persons occupying a covered auto are covered –But not covered in a nonowned vehicle Covers medical services rendered within three years from the date of the accident Coverage is not based on fault
Copyright ©2014 Pearson Education, Inc. All rights reserved Part B: Medical Payments Exclusions to the coverage include injuries sustained: –While occupying a vehicle with fewer than four wheels –While operating the vehicle as a public livery or conveyance –When the vehicle is used as a residence –When the vehicle is used without a reasonable belief of permission –When the vehicle is competing in a race
Copyright ©2014 Pearson Education, Inc. All rights reserved Part B: Medical Payments If more than one auto policy covers a loss: –The insurer pays its pro rata share of the loss for an owned vehicle –The insurance coverage is excess over any other insurance for a nonowned vehicle
Copyright ©2014 Pearson Education, Inc. All rights reserved Exhibit 10.2 Estimated Percentage of Uninsured Motorists in the United States in 2009
Copyright ©2014 Pearson Education, Inc. All rights reserved Part C: Uninsured Motorists Coverage An uninsured motorist is someone who is irresponsible and drive without liability insurance. According to Insurance Research Council(IRC) one in six drivers may be driving without liability insurance by 2010( Exhibit 10.1) Uninsured motorists coverage pays for the bodily injury caused by an uninsured motorist, by a hit-and-run driver, or by a negligent driver whose insurance company is insolvent –In some states, property damage is also covered –The uninsured motorist must be legally liable
Copyright ©2014 Pearson Education, Inc. All rights reserved Insuring Agreement for Uninsured Motorist Coverage(Part C) The insurer agrees to pay compensatory damages that an insured is entitled to receive from an uninsured motor vehicle included in medical bills, lost wages, and compensation for a permanent disfigurement resulting from the accident. Important points must be emphasized with respect to this coverage: 1-The coverage applies only if the uninsured motorist is not liable, the insurer will not pay for the bodily injury.
Copyright ©2014 Pearson Education, Inc. All rights reserved 2- The insurer’s maximum limit of liability for any single accident is the amount shown in the declarations. 3- The claim is subject to arbitration if the insured and insurer disagree over the amount of damages or whether the insured is entitled to receive any damages. Some states also include coverage for property damage from an uninsured law. In these states, if an uninsured driver runs a red light and smashes into your car, the property damage to the car would be covered under the uninsured motorist coverage. The property damage if it is paid in some states under the uninsured driver coverage is subject to a deductible.
Copyright ©2014 Pearson Education, Inc. All rights reserved Insured Persons under the Uninsured Motorists Coverage Three groups are insured under the uninsured motorist coverage: –The named insured and his or her family members are covered if they are injured by an uninsured motorist. –Another person while occupying a covered auto Example: An uninsured driver runs a red light and smashes to Jack’s car while his cousin also gets on Jack’s car. –Any person legally entitled to recover damages Example: If the named insured is killed by an uninsured motorist, the surviving spouse could still collect damages under the uninsured motorists coverage.
Copyright ©2014 Pearson Education, Inc. All rights reserved Uninsured Vehicles Four Groups of vehicles are considered to be uninsured vehicles: 1- An uninsured vehicles is a motor vehicle or trailer for which no bodily injury liability insurance policy applies at the time of the accident. 2-A bodily injury liability policy may be in force on a vehicle. However, the amount of insurance on that vehicle may be less than the amount required by the state’s financial responsibility law in the state where the named insured’s covered auto is garaged. 3- A hit-and-run vehicle is also considered to be an uninsured vehicle.
Copyright ©2014 Pearson Education, Inc. All rights reserved Another uninsured vehicle is one to which a bodily injury liability policy applies at the time of the accident, but the insurer denies coverage or becomes insolvent.
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto Under the coverage for damage to your auto, the insurer agrees to pay for any direct and accidental loss to a covered auto or any nonowned auto A collision is defined as the upset of your covered auto or nonowned auto or its impact with another vehicle or object Collision losses are paid regardless of fault
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto An other-than-collision loss is a loss due to the following perils: Missiles or falling objects Hail, water, flood, fire, windstorm Riot or civil commotion Malicious mischief or vandalism Contact with a bird or animal Theft Glass breakage Explosion or earthquake
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto A nonowned auto is also covered under the Part D coverages –A nonowned auto is a private passenger auto, pickup, van, or trailer not owned by or furnished or made available for regular use of the named insured or family member, while it is in the custody of or being operated by the named insured or family member. –Part D coverages do not apply to nonowned car (borrowed) vehicle if the vehicle is driven on a regular basis or is furnished or made available for your regular use.
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D coverage also apply to a temporary substitute vehicle which is considered in part D as a nonowned auto. A temporary substitute vehicle is a nonowned auto or trailer that is used as a temporary replacement for a covered auto that is out of the normal use because of its breakdown, repair, servicing loss, or destruction. Example: If your car is in the repair shop and you are furnished a loaner car, your physical damage insurance also applies to the loaner car.
Copyright ©2014 Pearson Education, Inc. All rights reserved Collision Damage Waiver to Rental Car Also called a loss damage to waiver(LDW) When you rent a car and check the CDW box in your application, you are relieved of financial responsibility if the rental car is damaged or stolen. The CDW is expensive and can easily increase the daily rental cost by $15,$20. or some higher amount.
Copyright ©2014 Pearson Education, Inc. All rights reserved Is there any deductible for collision Insurance? Collision insurance usually written with a straight deductible of $250,$500, or some higher amount. Coverage for other-than-collision losses is also normally written with a deductible. Purpose of deductible: -Prevent the small claims -Hold down the premiums -Encourage the insured to be careful in protecting the car from damage or theft
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto Part D also pays for temporary transportation expenses, e.g., for train, bus, taxi expenses The insurer pay without the application of a deductible up to $20 daily to a maximum of $600 for temporary transportation expenses incurred by the insured as a result of loss to a covered auto.
Copyright ©2014 Pearson Education, Inc. All rights reserved –The expense must be the result of a covered loss –Coverage is subject to a daily and total limit –Includes charges from a rental car company for loss of daily rental –Coverage for towing and labor costs can be added by an endorsement
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto Exclusions to the coverage include: –Use as a public livery or conveyance –Damage from wear and tear, freezing, and mechanical or electrical breakdown –Radioactive contamination or war –Certain electronic equipment –Tapes, records, and disks –Government destruction or confiscation –Trailer, camper body, or motor home –Racing vehicle
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto For a total loss, the policy pays the actual cash value less the deductible For a partial loss, the policy pays only the amount necessary to repair or replace the damaged property of like kind and quality Insurers can add a clarifying endorsement to exclude coverage for diminution in value from a direct and accidental physical damage loss –The insured can also purchase gap insurance
Copyright ©2014 Pearson Education, Inc. All rights reserved Part D: Coverage for Damage to Your Auto If more than one auto policy covers a physical damage loss: –The insurer pays its pro rata share of the loss for an owned vehicle –The insurance coverage is excess over any other insurance for a nonowned vehicle Example: –Tom borrows Mike’s car. Tom ‘s collision coverage and other-than collision coverage is excess coverage over any physical damage insurance on the borrowed car
Copyright ©2014 Pearson Education, Inc. All rights reserved Part E: Duties After an Accident or Loss After an accident, the insured is required to perform certain duties, such as: –Promptly notify the insurance company or agent –Cooperate with the insurer in the investigation –Send the insurer copies of any legal notices received in connection with an accident –Take a physical exam, if required The police must be notified if a hit-and-run driver is involved The insurer is allowed to inspect your vehicle if you are seeking coverage under Part D The insurer can deny coverage only if failure to comply is prejudicial to the insurer
Copyright ©2014 Pearson Education, Inc. All rights reserved Part F: General Provisions All states restrict the insurer’s right to cancel or nonrenew coverage Cancellation provision: The named insured can cancel at any time by returning the policy to the insurer or providing written notice. If a policy has been in force for more than 60 days, the insurer can cancel only if: –The premium has not been paid –The driver’s license of any insured has been suspended, or –The policy was obtained through material misrepresentation
Copyright ©2014 Pearson Education, Inc. All rights reserved Part F: General Provisions Nonrenewal: if an insurer decides to discontinue coverage, the insured must be given notice at least 20 days before the end of the policy period Automatic termination: a policy is automatically terminated if the insured decline’s the insurer’s offer to renew The PAP provides coverage in the US, US territories, Puerto Rico, and Canada
Copyright ©2014 Pearson Education, Inc. All rights reserved Insuring Motorcycles and Other Vehicles A miscellaneous-type vehicle endorsement can be added to the PAP to insure motorcycles, mopeds, motorscooters, golf carts, motor homes, dune buggies, etc. –Does not cover snowmobiles –The liability coverage does not apply to a nonowned vehicle –A passenger hazard exclusion can be elected, which excludes liability for bodily injury to any passenger on a motorcycle
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