Public or Livery Conveyance Explained

June 11, 2012

As you are aware, pre 1978 personal auto policies contained the "public or livery conveyance" exclusion language. Then this language was changed to "transporting persons or property for a fee". Then, because of confusion on the meaning of that exclusionary wording, it was again revised to the public or livery conveyance wording.

It was my understanding that a public or livery conveyance was one that held itself out to the general public to transport persons or property for a specific fee paid by the party(s) being transported. So my question is, would the exclusion apply to a realtor who is transporting prospective home buyers to view property? This transport is a part of the realtor's duties. Is it different if the realtor is not paid a salary but a sales commission and is paid mileage to transport prospective client?

Also, many employees use their personal vehicle on their employers' business and are reimbursed mileage; for examples, coaches or teachers transporting students; an employee transporting other employees to a convention; social workers transporting a client to an appointment. Does the exclusion apply in these instances?

Explaining the extent of this exclusion is difficult, including when to advise the purchase of a commercial auto policy vs. a personal auto policy. Any clarity you can add is greatly appreciated.

Ohio Subscriber

The public or livery conveyance means that the auto has to be held out to the general public as a means of transportation for which the driver/insured will be paid for that transportation.

In your example of the realtor, the difference is that the driver is driving specific individuals and not the general public. A realtor can transport clients to view property and that is not subject to the public or livery conveyance exclusion because the riders are specific individuals, not any and every person standing on the corner who wants a ride, and the ride is a once in a while thing, not an everyday 8 to 12 hour operation in which the insured is seeking riders to pay him for the transportation.

The same can be said for your other examples. Driving specific individuals on a limited time basis and for a limited reason is not the same as holding out the vehicle to the public in general for use in the general public's need for transportation.

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