Volume 134

FEBRUARY 2018

Return to main screen

PF&M ANALYSIS:

ISO '05 ED. PERSONAL AUTO POLICY ANALYSIS

(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.

 

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:

Bodily Injury

$100,000/$300,000

http://rnc-advantageplus.com/rnc-advantageplus/pfm/400/410_0402_files/image014.jpg

Property Damage

$100,000

Medical Payments

$10,000

Uninsured Motorist

$25,000/$50,000

Bodily Injury

$100,000/$300,000

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.

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.