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February 25, 2016  

 
 Q&A of the Week
Volunteer Fireman and PAP Coverage

A Michigan subscriber recently asked the following question:

The insured is a volunteer fireman and has a personal auto policy. He leaves his home to respond to fire and gets in an accident on the way to the fire or on the way home from the fire. Is he covered under the PAP? Could there be any exclusions for this under the PAP if the insured is a volunteer?


ANSWER: Presuming the insured is the named insured, the standard PAP states that the named insured is an insured for the ownership or use of any auto. So, it makes no difference that the insured is a volunteer. The only exclusion that might apply is for using a vehicle while the insured is engaged in a business. However, it is a fair question if the insured is engaged in a business while responding as a volunteer fireman to a fire. Moreover, that exclusion does not apply to the use of a private passenger auto or pickup or van, so if that is the insured's vehicle, the exclusion would not apply anyway.
 Read More
 
 What's New This Week in FC&S
Transportation Network Driver Coverage (No Passenger)—Arizona and Kentucky

Transportation network companies are companies that provide a smart phone app allowing those willing to drive passengers to connect with those willing to pay for rides—this is called ride-sharing.  Read More
 
 Litigation Watch
The Meaning of Repossession

The insured, a used car dealership, brought an action against the insurer, seeking a declaration that the policies provided coverage for wrongful debt-collection claims against the insured, stemming from the insured's repossession of the customer's vehicle. This case is Wolfe Automotive Group v. Universal Underwriters Insurance Company, 2015 WL 8957856.

Wolfe is insured under two policies issued by Universal. One policy provides coverage and defense against lawsuits for damages arising from wrongful repossession of an auto, and this is linked under a separate policy to umbrella coverage. Wolfe sold a vehicle to the Jacksons, retaining an interest for loaning the Jacksons the purchase money. Wolfe later repossessed the car and sold it due to missed payments. 
Read More
 
 Fraud of the Week
Damaged Products Fraud – Massachusetts
AMOUNT: $220,876


A Massachusetts man was sentenced to fifteen months in prison followed by three years of supervised release for filing ten false insurance claims for product shipments he claimed had been lost en route, stolen, or arrived spoiled, frozen, or otherwise unusable. Read More
 
   
 FC&S Ask the Experts
Did you realize that the Q&A section of FC&S is made up of questions submitted by subscribers like you?

Paid subscribers to FC&S Online or print FC&S Bulletins are invited to submit insurance coverage questions to the editors. We'll provide a personalized opinion within five business days. (We'll let you know if it will be longer than that. Sometimes we have to gather research or other supporting materials).

Who knows? Your question may be featured (anonymously) in the online Q&A of the Week or as an FC&S update.

Submit your coverage interpretation question right to the editors of FC&S for quick and reliable information. Ask our expert staff a question by clicking here.
 
 Maximize Your FC&S
 Online Subscription!
FC&S editors regularly conduct web-based demos of the service. Feel free to contact Christine Barlow, cbarlow@alm.com, to set one up! They only take 30 minutes, a small investment of time that will help you learn all that FC&S Online has to offer.
 
 Contact Us
As always, your comments and questions are welcome.

Contact us at:
FC&S Department
Phone: 800-543-0874
Fax: 859-692-2293
Email: eAlerts@nuco.com
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FC&S Team
Kelly Maheu, J.D.
Publisher
  Diane W. Richardson, CPCU
Consulting Editor
Christine G. Barlow, CPCU
Managing Editor, FC&S
  Diana B. Reitz, CPCU, AAI
Consulting Editor
David D. Thamann, J.D., CPCU, ARM
Managing Editor, FC&S Bulletins
  Emily Brunner
Online/Print/Production Editor
Susan L. Massmann, CPCU
Managing Editor, Electronic Publications
  Tosha Brinkman
Marketing Manager
Barry Zalma, Esq., CFE
Contributing Editor
  Donna Cozatchy
Creative Director

 
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