Auto as Defined on the PAP
Our insured has a personal auto policy. He needs to rent a U-Haul truck for the weekend for nonbusiness use. The personal auto policy does not define the word “auto.” One of my insurance carriers is telling me that the auto policy does not provide liability coverage for the use of the truck because it is not an auto, as defined by the standard dictionary. My contention is that the policy specifically excludes coverage for vehicles with less than four wheels and therefore, by implication, covers vehicles with four or more wheels. So, if the insured rents a 20,000 GVW dumptruck for the weekend to bring brush to the local dump, will the personal auto policy provide liability coverage?
Ohio Subscriber
Your points that the word “auto” is not defined on the personal auto policy and that the exclusion speaks about vehicles with fewer than four wheels are logical arguments in interpreting just what an “auto” is under the auto policy. However, we would have to agree with the insurer in its interpretation. Trucks are not meant to be covered under a personal auto policy. We base this on at least three points.
First, the personal auto policy applies to autos. It is true that the policy does not define that term, so one has to look to the dictionary for the commonly accepted definition. The dictionary defines an auto as usually a four wheeled automotive vehicle designed for passenger transportation. While it is true that a 20,000 GVW dump truck can carry passengers, that is not the primary design/use of a truck. As for common usage, the man in the street would make a clear distinction between an auto and a dump truck. So it can be said that a personal auto policy would apply in most people's opinion to passenger autos and not trucks.
Second, the personal vehicle manual, which discusses the eligibility and the premium determinants and the classifications of autos covered by the personal auto policy, defines a private passenger auto as a four wheel motor vehicle, other than a truck type. The insurer wants to distinguish between a private passenger auto and a truck for purposes of coverage under an auto policy. The exposures are different and this has to be realized.
Third, the insurance industry has a separate truckers coverage form that was made to apply to a truck exposure. The industry here again is making a clear distinction between an auto and a truck.
In summary, we agree with the insurer that a personal auto policy is not meant to apply to a dump truck. It may be that a court somewhere could look at an auto policy and say that since “auto” is not defined, the insured can have the benefit of the doubt, but we think that that would be stretching the coverage and not in keeping with the intent of the personal auto policy.
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