Travelers Property Casualty-Archived Article

October, 1998

SCOPE: Excess Personal Liability Policy

The notes that follow point out what the editors believe to be the most significant features of the Excess Personal Liability policy of Travelers Property Casualty. For full details, the actual policy provisions should be examined. See Personal Umbrella Liability Insurance for a general discussion of personal umbrella liability insurance.

1.     Available Limits: o $5 million.

2.     Underlying Insurance: Automobile: $250/500/50 (or $300,000 single limit). Watercraft liability: $300,000. All other liability (Personal, Recreational Vehicle, and Rental Premises): $100,000 each.

3.     Personal Injury Definition: “Personal injury means: bodily injury; shock; mental anguish; or sickness or disease; including death resulting from any of the above. Personal injury also means false arrest; detention or imprisonment; malicious prosecution; wrongful entry or eviction; humiliation; libel or slander; defamation of character; or invasion of privacy.” Policy also covers “property damage,” defined as “injury to or destruction of tangible property. It includes the loss of use of this property.”

4.     Intentional Acts: Policy excludes any personal injury or property damage “committed by or at the direction of an insured which is expected or intended by the insured.” This exclusion does not apply to the insured's use of “reasonable force to protect persons or property.” 

5.     Insured Persons: The named insured or a family member; any person using, with the insured's permission, an auto, watercraft, or recreational vehicle owned, leased, or available for the insured's regular use; any person or organization legally responsible for animals owned by the named insured or a family member, except if it involves animals used in the course of business; and any person legally responsible for acts or omissions of an insured as defined in the policy. However, “insured” does not mean the owner—other than the named insured or a family member—of an auto, watercraft, or recreational vehicle furnished to the named insured or persons in the business of parking, repairing, selling, servicing, or storing autos, watercraft, or recreational vehicles.

6.     Automobiles and Recreational Vehicles: “Auto” means “any kind of private passenger motor vehicle including, but not limited to, an automobile, pickup, van, mini-van, or self-propelled mobile home.” It also means a trailer while towed by a vehicle described previously and a motorcycle.

     ”Recreational vehicle” means a motorized golf cart; snowmobile; mini-bike; trail-bike; dune buggy; all-terrain vehicle; or any other similar land or amphibious motor vehicle designed for recreational use off public roads” unless it has been licensed for road use.

7.     Aircraft and Watercraft: The policy flatly excludes liability arising out of the ownership, maintenance, or use of any aircraft, except for incidental use by the named insured or a family member as a passenger. Watercraft (other than sailboats), autos, and recreational vehicles (unless insured by a primary policy) are not covered while practicing for or participating in a race, demolition or speed contest, or stunting.

     The policy also excludes statutorily imposed vicarious parental liability for the actions of a child or minor using a recreational vehicle, watercraft, or aircraft.

8.     Insured Locations: No restrictions other than for property damage to property owned by an insured.

9.     Business Property and Pursuits: An exclusion of liability “arising out of business pursuits of any insured” or the rental or holding for rental of any part of any premises by any insured does not apply to:

a)     activities ordinarily incidental to non-business pursuits;

b)     part-time jobs of family members who are minors or students under twenty-one year of age;

c)     civic activities performed by an insured without pay;

d)     maintenance or use of the insured's autos, watercraft, or recreational vehicles by any insured or partner or employee of any insured in the business of sales, repair, service, storage, parking, or transporting of such vehicles;

e)     business use of a private passenger auto by an insured, excluding those used as a taxi or for hire;

f)     car pool arrangements in which expenses are shared;

g)     rental or holding for rental of a residence premises on an occasional basis for exclusive use as a residence; in part unless intended for use as a residence by more than three roomers or boarders; or in part as an office or private garage;

h)     the regular rental or holding for rental of any one to two-family dwelling for exclusive use as a residence and insured by primary insurance.

     ”Residence premises”, as used above, means a one to four-family house in which the insured lives, its grounds, and other structures on the grounds; or the part of any other building in which the named insured lives.

     Exclusions of personal injury and property damage arising from professional services and liability of directors and officers are also present, with the usual exception to the latter relating to nonprofit corporations or organizations.

10.     Care, Custody, Control: Also excluded is damage to any property rented to, used by, or in the insured's care, custody, or control to the extent that the insured has agreed to provide insurance for such damage.

11.     Other Notable Features: The policy's payment of related costs includes premiums on bonds required in a suit the insurer defends, but there is no specific statement that bail bonds required because of a traffic law violation are covered.

     Personal injury committed during broadcasting, advertising, or telecasting by an insured is not covered unless it is incidental to other activities that are insured under the policy. The policy also excludes “personal injury which arises out of the transmission of a communicable disease by the insured.”

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