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July 9, 2015  

 
 Q&A of the Week

BAP Coverage for Trailers

A Kentucky subscriber recently asked the following question:

The insured has a personal auto policy but does not list on it a couple of trailers he owns. We believe that liability would extend to those trailers when he pulls them behind a vehicle listed on his personal auto policy. But what about when he pulls the trailers behind a vehicle covered on a business auto policy that is in his corporation's name?

I do not think liability would extend off the business auto policy to those trailers, but would they still be provided liability coverage by his personal auto policy even when being pulled by a vehicle listed on the business auto policy?

ANSWER: The PAP will provide liability coverage because the definition of "your covered auto" includes any trailer that the named insured owns. There is no stipulation that the owned trailer has to be towed by a covered auto, so long as the named insured owns the trailer, there is liability coverage even if the trailer is towed by a BAP auto.

As for the BAP itself, the named insured has liability coverage for any covered auto, and covered autos include trailers not owned by the named insured while attached to power units that the named insured does own. Of course, a lot depends on what covered auto designation symbol the named insured uses on the BAP so you would have to check that. If the BAP does have the proper symbol and there is an accident, the BAP provides primary coverage while the trailer is connected to a covered auto owned by the named insured.
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 What's New This Week in FC&S

Floor Plan Coverage Form

The Floor Plan Coverage Form, CM 00 52 01 13, one of the forms of the commercial inland marine program of Insurance Services Office (ISO), affords open perils coverage on merchandise held for sale that has been financed through a lending institution. Read More

 
 Litigation Watch
Nonowned Auto Definition in Dispute

The Cowins brought an equitable garnishment action against Shelter Mutual Insurance Company seeking to satisfy a judgment against the insured, Parsons, in a personal injury case arising out of a car accident. This case is Cowin v. Shelter Mutual Insurance Company, 2015 WL 2089773.

The Cowins were injured in an auto accident when a Western Star log truck owned by Todd Lumber Company and driven by Parsons struck the rear of the Cowins' auto. The log truck was insured under a policy issued by State Farm Mutual Auto Insurance Company with limits of $100,000 per claim. Parsons had coverage on his personal auto with Shelter Mutual with coverage of $50,000 each person and $100,000 each accident. Parsons' coverage was for damages that arose out of the ownership or use of the described auto or a nonowned auto. A nonowned auto was defined as any auto being used, maintained, or occupied with permission, other than an auto that the named insured has general consent to use. General consent was defined as the authorization of the owner of the auto of another to use it on one or more occasions without the necessity of obtaining permission for each use.

The Cowins sued Todd Lumber Company and Parsons. The parties entered into a settlement agreement and a consent judgment was entered in the amount of $300,000 for the Cowins. State Farm paid $200,000 of the judgment but Shelter denied coverage. This lawsuit followed. The trial court granted Shelter summary judgment and the Cowins appealed. 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.
 
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