Volume 99

MARCH 2015

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PF&M ANALYSIS:

CA 00 20–MOTOR CARRIER COVERAGE FORM ANALYSIS

SECTION I–COVERED AUTOS

Numerical symbols are used to determine the autos insured and the coverages provided. The only coverages that apply to loss or damage are those with a symbol beside them. The only autos covered are those defined by the indicated symbol. These symbols are defined in the Description Of Covered Auto Designation Symbols.

A. Description of Covered Auto Designation Symbols

61–Any Auto

This is the broadest symbol designation and has no limitations or restrictions. Vehicles defined as autos in this coverage form are covered, subject to certain exclusions and conditions. Because of the broad scope of the coverage provided, many insurance companies are reluctant to use this symbol. Even if a company uses it for liability, it may not do so for physical damage. No other symbol should appear in the same box when Symbol 61 is used.

62–Owned Autos Only

This symbol means that any auto the named insured owns is covered, including those acquired after the inception date. In addition, any owned or non-owned trailer pulled by an owned vehicle is also covered if this symbol is used with liability coverage.

Note: The definition of trailer includes semitrailers and dollies that convert a semitrailer into a trailer.

63–Owned Private Passenger Type Autos Only

This symbol means only the named insured's owned private passenger type autos, including those acquired after the inception date.

64–Owned Commercial Autos Only

This symbol means any trucks, tractors and trailers the named insured owns, including those acquired after the inception date. For liability coverage, it also means any non-owned trailer attached to an owned power unit.

65–Owned Autos Subject To No-Fault

This symbol applies to vehicles licensed or garaged in a state where no fault coverage is available but only to autos required to have such coverage. Coverage also extends to such autos acquired after the inception date in addition to those the named insured owned on the inception date.

66–Owned Autos Subject To a Compulsory Uninsured Motorists Law

This symbol applies to any auto the named insured owns garaged or licensed in a state that requires that the named insured carry uninsured motorists coverage. It also applies to any auto acquired after the inception date.

Note: This symbol does not apply to vehicles licensed or operated in states that allow the named insured to formally reject Uninsured Motorists coverage.

67–Specifically Described Autos

Only autos specifically scheduled and for which a premium charge is made are covered. Similar to Symbol 62 above, the liability coverage provided extends to any owned or non-owned trailer pulled by this type of owned vehicle.

68–Hired Autos Only

This symbol means only autos the named insured leases, hires, rents or borrows. This symbol has a significant limitation. It does not include leased, hired, rented, or borrowed vehicles owned by an employee, partner, member of a limited liability company, or members of any of the preceding groups’ households.

69–Trailers in Your Possession under a Written Trailer or Equipment Interchange Agreement

This symbol applies only to trailers and related equipment that the named insured does not own but that are in its possession and for which it agreed to be legally responsible in a written trailer or equipment interchange agreement. 70–Your Trailers in the Possession of Anyone Else Under a Written Trailer Interchange Agreement

This symbol applies to losses that occur to owned or hired trailers the named insured leases, loans or rents to others that are subject to a written trailer interchange agreement between it and the other party.

Note: The Motor Carrier Coverage Form exclusion for physical damage loss to trailers controlled by other parties does not apply when this symbol is entered on the declarations.

71–Nonowned Autos Only

This symbol applies only to autos the named insured uses in its business that it does not own, lease, hire, rent or borrow. Private passenger type autos owned by employees, partners in the case of a partnership, members in the case of limited liability companies, or members of the preceding group’s households are included. Coverage applies only when they are used in the named insured's business or its personal affairs.

79–Mobile Equipment Subject to Compulsory or Financial Responsibility or Other Motor Vehicle Insurance Law Only

This symbol applies only to land vehicles considered mobile equipment under the definition of mobile equipment. It extends Motor Carrier Coverage to mobile equipment but only in states where such equipment is subject to registration and/or licensing laws. This meshes with the Commercial General Liability exclusion for such equipment.

Note: Several issues arise concerning symbol use such as instances when more than one symbol is needed.

 

Example: Hurryup Transport wants all of its commercial vehicles covered, as well as any hired or non-owned vehicles. Hurryup's insurance agent requests symbols 64, 68, and 71 for liability coverage after deciding not to enter symbol 61, realizing that Hurryup's insurance company would probably refuse to cover "any auto."

 

Manuscript Symbol

An additional manuscript symbol not mentioned in the Motor Carrier Coverage Form is available by adding endorsement CA 99 54–Covered Auto Designation Symbol. Symbol 72 is available for the Motor Carrier Coverage Form and the autos considered covered must be listed and described on the endorsement schedule.

 

mixer

Example: Hurryup Transport wants liability coverage for all of its owned vehicles and physical damage coverage on all owned vehicles except the concrete mixer it owns and leases to Good Deeds, LLC, a local not-for-profit masonry contractor, for $1.00 a year. Good Deeds provides all liability and physical damage coverage. As a result, symbol 72 is used for Hurryup’s liability and physical damage coverage. The description/definition for symbol 72 is: "All owned autos, except the concrete mixer."

 

Related Article: ISO Motor Carrier Coverage Form Available Endorsements and Their Uses

B. Owned Autos You Acquire After the Policy Begins

1. If Symbols 61–Any Auto, 62–Owned Autos Only, 63–Owned Private Passenger Type Autos Only, 64–Owned Commercial Autos Only, 65–Owned Autos Subject To No-Fault, 66–Owned Autos Subject To A Compulsory Uninsured Motorists Law or 79–Mobile Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only are used for coverages indicated on the declarations, autos of the type described by such symbols that the named insured acquires during the policy period are also covered.

2. When symbol 67–Specifically Described Autos is used, new autos acquired during the policy period are covered only if the insurance company either covers all vehicles the named insured already owns or if the new vehicle replaces a scheduled vehicle. The named insured must inform the insurance company of the acquisition within 30 days of the acquisition date.

 

Example: Hurryup Transport has a fleet of tractor-trailer rigs and one private passenger vehicle. Symbol 67 is entered for all coverages provided but only the tractor-trailer units are scheduled. The private passenger vehicle is insured elsewhere. There is no coverage for a pickup Hurryup purchases because it does not replace a scheduled vehicle and coverage is not provided for all owned vehicles.

 

 

Related Court Case: Garage Liability Coverage Held Clearly Defined By Choice of Numerical Symbols

C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos

When liability coverage is selected based on entries on the declarations, additional categories of vehicles are added as covered vehicles.

1. Utility trailers having a load capacity of 2,000 pounds or less and designed for travel on public roads are covered but only while being pulled by a covered auto.

 

Example: Hurryup Transport rents a trailer with a 2,000-pound load capacity to transport a 1,500-pound machine. The trailer qualifies as a covered auto as long as the named insured's covered vehicle pulls it.

 

2. Mobile equipment being carried or towed by a covered auto is covered.

 

Example: Hurryup Transport's is towing a generator. It was not properly secured and becomes uncoupled. It strikes and damages a Volkswagen. Hurryup Transport’s liability coverage responds to the damage to the Volkswagen.

 

3. If the named insured's covered, owned auto is temporarily out of service for repair or service or due to breakdown, repair, servicing, loss or destruction, a non-owned, temporary substitute is covered but only if the named insured uses it with the owner's permission.

 

Example: Bill, Hurryup’s owner, must drive to another state on business but is concerned because the convertible top in his Miata is stuck in the down position and it looks like it might rain. Bill decides to rent a car for the trip. The rental is not automatically covered if any liability symbol other than 61 was selected. On the other hand, if Bill puts the Miata in for service and then rents a car for the trip, Hurryup has liability coverage if Bill is involved in an accident.