Partners' Automobiles

Coverage for the Partnership and the Partners

Summary: Prior to the 1987 introduction of the simplified commercial auto coverage forms, whenever a business auto policy (BAP) covering nonowned auto liability was issued to a partnership, the Insurance Services Office (ISO) guidelines called for an alteration to be made to the policy. This consisted of a mandatory endorsement to exclude the partnership's vicarious liability coverage for use of an individual partner's auto on partnership business; the coverage was excluded with the proviso that the insured partnership could buy it back for additional premium. Under the simplified program introduced in 1987, this procedure was replaced by nonowned auto liability coverage if symbol 9 is chosen on the business auto coverage form, CA 00 01. Symbol 9 automatically gives the named insured partnership liability coverage for autos owned by the partners while used in the business of the named insured. A question remains, though, as to coverage for the partners themselves. Does the partnership's BAP extend coverage to the partners while they are driving their own cars? This article explores the issue.

Nonownership Exposure

The relevant exposure here is the partnership's auto nonownership liability exposure. Like any business, a partnership can become liable for bodily injury or property damage that results from the operation of a nonowned auto on the partnership's behalf. For example, say a partner drives his or her own car on partnership business. If a member of the public is injured by the partner's driving, it is entirely possible that the partnership itself could be sued and ultimately held liable for the injured person's damages. A partnership can cover this exposure under the business auto coverage form by purchasing nonowned autos coverage under symbol 9. (Symbol 1—any auto—would also apply to auto nonownership liability, but that symbol is not the subject matter of this article; for more information on the symbols for covered autos, see Business Auto Form.)

The Insurance Services Office (ISO) determined that the nonownership liability exposure with respect to partners' cars is considerable enough that extra premium should be charged. Consequently, the ISO premium development procedure for covering the nonowned auto exposure of individual partner's cars is as follows: multiply the private passenger type rates in the state company rates/ISO loss costs by .10 for each active or inactive partner for the territory in which the partnership is located. This rating base is applied regardless of the type of autos being used.

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