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August 20, 2015  

 
 Q&A of the Week

Vehicle Coverage under CGL Form

An Illinois subscriber recently asked the following question:

I have an insured that is purchasing a vehicle to be raffled off over the summer. They will own the vehicle for about three months but are not planning to register the vehicle during this time. At the end of the three months, they will pick a winner and transfer the title to the winner. The vehicle will be trailered to and from various events in the area over the summer for tickets to be raffled off at these events.

Would the insured's commercial general liability policy provide liability coverage for this vehicle or will the insured need to purchase a commercial automobile policy to obtain liability coverage for the vehicle?

ANSWER: The CGL form excludes coverage for BI and PD arising out of the use of any auto operated by or rented or owned or loaned to any insured. Since the insured is purchasing the vehicle and owning it for three months, that exclusion is going to apply. It would be better and less troublesome for the insured if a claim were to arise, if he bought an auto policy, if such a short-term policy can be found. Read More

 
 What's New This Week in FC&S

Drones

Drones are the latest new technology to catch the headlines. They are unmanned aircraft, often compared to model aircraft, but have been used in search and rescue, firefighting, surveillance, traffic monitoring, and other functions. Read More

 
 Litigation Watch
No-Fault Benefits under Arbitration Rules

This is an appeal to vacate an arbitration award from an order of the Supreme Court, Queens County. This case is In the Matter of Fiduciary Insurance Company v. American Bankers Insurance Company of Florida, 2015 WL 4546629.

A taxi insured by Fiduciary Insurance Company was involved in a collision with a horse. The rider of the horse was seriously injured and Fiduciary paid him nearly $60,000 in no-fault benefits. Fiduciary then sought reimbursement of the benefits by filing a demand for mandatory arbitration against American Bankers, the insurer that provided commercial general liability to the stables where the horse was boarded. The arbitrator denied the petition, finding that American Bankers was not a motor vehicle insurer subject to mandatory arbitration provisions of the New York insurance law. Fiduciary then commenced this proceeding to vacate the arbitration award.
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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