(July, 2016)
DEFINITIONS
K. “Newly
acquired auto”
1. This term
applies to a private passenger auto, pickup, or van that any insured obtains
possession of during the policy period (but after the policy period's inception
date). However, van and pickup eligibility is subject to a weight and a use
restriction. Pickups and vans are ineligible as covered autos if they are used
for business activities. The policy makes an exception for incidental business
use as part of a repair or maintenance business. It also allows covered auto
status for such vehicles that are used on a farm or ranch business. Though not
specifically referenced, SUVs are treated as private passenger autos and are
subject to the following weight restriction.
In order to be eligible, a pickup or van has
to have a maximum Gross Vehicle Weight Rating of 10,000 lbs or less.
Example: Joe Karluver has a PAP with a policy period of February
10, 2015 to August 10, 2015 and it covers a ‘14 Taurus. Given this
information, which of the following qualifies as a “newly acquired auto”?
- An ‘11 Chrysler Joe
bought on 03/16/15 - qualifies
- A ‘10 Chevy 2-ton
truck Joe bought on 06/10/15 - doesn’t qualify
- A ‘12 Buick which
Joe’s grandfather left to him in a will on 07/20/15 - qualifies
- An ‘08 Chevy pickup
that Joe gets by trading a boat and trailer to his neighbor on 05/03/15
- qualifies
- An ‘09 Chevy pickup
that Joe gets by trading a boat and trailer to his neighbor on 05/03/15
AND the pickup is hired out to a couple of businesses for making
deliveries - doesn’t qualify
- A '10 Explorer that
Joe bought on 02/02/15, but doesn’t list on his new policy - doesn’t
qualify.
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However, even if an additional car, pickup
or van clears the vehicle type, vehicle use and date of acquisition hurdles,
there are other requirements. Paragraph K.2. covers the
issue of when to report an additional vehicle to the insurance company. The
timing of reporting the vehicle has a direct impact upon coverage.
Note: The required
reporting period varies according to the type of coverage involved and whether
the vehicle is a replacement.
2. The coverage
that is available for newly acquired autos depends on the type of coverage
provided by the PAP. However, in order for coverage to apply beyond the automatically
provided coverage, the insured must report the newly acquired auto within the
applicable time period. If not reported as required, there is no coverage on
the auto between the time of automatic coverage and the date the formal request
is made.
a. All coverages
other than Coverage D-Coverage for Damage to Your Auto.
The insured has
to report a new auto no later than 14 days from its acquisition. During those
14 days, the coverage is equal to the broadest coverage existing for an auto
that appears on the policy declarations. If the new vehicle
replaces a vehicle that is listed on the policy, the replacement does not have
to be reported.
The issue of a
vehicle replacing a vehicle already described and covered by a PAP is an area that could use clearer policy
wording. The implication is that a vehicle would have to be reported by the
renewing term because, once the policy renews, the replacing vehicle loses its
status as a newly acquired auto. However, since the policy states “If a
’newly acquired auto’ replaces a vehicle shown in the Declarations, coverage is
provided for this vehicle without your having to ask us to insure it,” a
case may be made that the insured has no obligation to EVER report the vehicle.
While there are other portions of the policy which would support an implicit
requirement that a vehicle should be reported, it would help matters if the
policy specifically stated that such a vehicle would have to be reported at the
time of the policy’s next renewal after acquisition.
· a newly
acquired ADDITIONAL car qualifies for coverage if it is
reported to the insurer within 14 days of the date it is acquired. Within that
timeframe, the vehicle is covered for the broadest level of coverage (i.e.,
highest insurance limits, etc.) that is written under the policy. If the
vehicle is never reported, it is not eligible for any coverage after 14 days.
If the vehicle is reported after 14 days, coverage applies on the date it is
reported.
Example: Dill E. Dally’s PAP
covers a ‘04 Mercury, has a policy period of April 15, 2015 to October 15,
2015, and it has the following coverages:
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Bodily Injury
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$100,000/$300,000
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Property Damage
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$100,000
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Medical Payments
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$10,000
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Uninsured Motorist
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$25,000/$50,000
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Bodily Injury
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$100,000/$300,000
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Scenario 1: On September 3, 2015,
Dill buys a ‘10 Ford Ranger. On September 16, Dill collides with another car
when he ignores a stop sign. He causes $22,000 in injuries to the other
driver, $4,500 in damages to the other driver’s car and $6,700 in damages to
his Ranger. Dill reports the accident to his insurance company on September
18 and that is the same day that the insurance company learns of the new car.
Under these circumstances, the soonest that ANY coverage can apply to the
Ford is on September 18. Even though the loss occurred within the first 14
days, the car was not reported in time.
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Scenario 2: On September 3, 2015,
Dill buys a ‘10 Ford Ranger. On September 16, Dill collides with another car
when he ignores a stop sign. He causes $22,000 in injuries to the other
driver, $4,500 in damages to the other driver’s car and $6,700 in damages to
his Ranger. Dill reports the accident to his insurance company on September
17 and that is the same day that the insurance company learns of the new car.
Under these circumstances, the loss would be eligible for coverage, but only
for the injury to the other driver and the damage to the other driver’s car.
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