Trailer Coverage under the BAP

I have a question about the business auto policy. The policy declares that it covers trailers with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. But, the definition of “trailer” includes semi trailers which are clearly going to be over 2,000 pounds. And, since the definition of “auto” includes a trailer, it seems that any liability coverage that applies to autos is also going to apply automatically to trailers, regardless of size. Can you clarify this situation?

Maryland Subscriber

The clause about a trailer with a load capacity of 2,000 pounds or less is in the policy mainly for rating purposes; that is, trailers with a load capacity of 2,000 pounds or less can be insured automatically, but those over the 2,000 pound limit should be charged a premium. But there are also situations wherein the designation symbol for a covered auto does not include a trailer, and in such an instance, the automatic trailer coverage can be very useful for the insured.

As an example, designation symbol “3” is for owned private passenger autos only. If the insured chose symbol “3” for liability coverage and then bought a trailer or used a borrowed trailer for some reason, the covered auto symbol would not include a trailer. A trailer is not a private passenger auto. As another example, symbol “8” is for hired autos only. If the insured chooses symbol “8” and then buys a trailer or perhaps borrows a trailer from an employee, then the chosen symbol would not properly provide coverage for the trailer; the 2,000 pounds or less clause would be used to provide coverage for the trailer. Another example is symbol “9”. This symbol is for nonowned autos only. If the insured has symbol “9” on his BAP and then buys a trailer or rents one in connection with his business, the trailer clause would provide liability coverage for the insured to supplement the coverage provided by symbol “9”.

There is no question that this clause is confusing. However, the insured should know that the clause does provide liability coverage for his exposure from the use of trailers with a load capacity of 2,000 pounds or less, regardless of the designation symbol he has chosen for his covered autos. If the insured uses a trailer with a heavier load capacity, the chosen covered auto designation symbol needs to be the proper one in order for the insured to receive the liability coverage he needs in his business. The insured should list any known trailer exposures in the declarations prior to policy inception, but of course, the premium audit clause on the BAP will enable the insurer to compute the final premium when actual exposures are determined.

 

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