Collision Between Two Owned Autos

Our insured, who has a commercial auto policy using symbol 7 (specifically described autos), rear ended his wife's personal auto while she was parking her car in the lot. The wife's auto is not a covered auto under the commercial auto policy; it is covered under a personal auto policy. Does the insured's commercial auto policy cover the property damage claim for the personal auto?

Puerto Rico Subscriber

The answer depends on whether the care, custody, or control exclusion applies. That exclusion prevents coverage for property damage to property owned by the insured or in the insured's care, custody, or control. So, the questions are: is the wife an insured under the commercial auto policy? And, is your insured the owner of the wife's auto?

If the wife is an insured under the BAP, the exclusion applies since she had the car in her care, custody or control at the time of the accident. If your insured (individual or company) owns the damaged car, the exclusion applies.

If neither scenario exists, if the wife is not an insured under the BAP and if your insured does not own the damaged car, the exclusion is not applicable and the BAP will apply to the PD claim.

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