Our insured rented a car for use while her vehicle was being repaired. Her 15 year-old daughter stole the vehicle and was rear-ended by an unknown motorist. Our insured reported the vehicle stolen, and had not given her daughter permission to use the vehicle. Does the exclusion for "loss to any "non-owned auto" when used by you or any "family member" without a reasonable belief that you or that "family member" are entitled to do so" apply in this situation?
Ohio Subscriber
The rental car does qualify as a non-owned auto and the daughter is a family member who would otherwise be covered for physical damages to the car while driving the rental. However, because she took the car without permission she did not have a reasonable belief that she was entitled to drive the vehicle. Therefore, exclusion 9 under Part D of the PAP would apply to preclude coverage for the damage to the rental car by the uninsured motorist.
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