PAP Covers Large Trucks?

October 8, 2012

Our insured has his auto covered by a Personal Auto Policy. If he rents a U-Haul truck for the weekend to move his apartment furniture from Ohio to a recently purchased home in Kentucky, will his PAP provide coverage if he were to be involved in an accident? One of my insurers is telling me that the PAP does not provide liability coverage for the use of the truck because it is not an auto, as defined in the policy.

My contention is that the policy specifically excludes coverage for vehicle with less than four wheels and, therefore, by implication, covers vehicles with four or more wheels. So, if the insured rents a two and half ton truck, for example, will his personal auto policy provide coverage if he is involved in an accident?

Ohio Subscriber

 

The second section (B) of the insuring agreement under Part A – Liability Coverage states that insured (you or any family member) is covered under the PAP for the ownership, maintenance, or use of any auto or trailer. The term “auto” is not defined in this policy, and a truck is an auto. So, provided there is no applicable exclusion, the insured would be covered for any liability claims arising out of his use of a truck, such as a U-Haul truck.

 

The Personal Auto Policy's named insured who rents a truck for nonbusiness use needs to be careful that he does not delegate the driving to a friend. The named insured or resident relative are the only ones covered for the use of any auto. Other permissive users are covered only for use of a covered auto, which is defined to mean any vehicle shown in the declarations, a newly acquired auto, any trailer owned by the named insured; or a temporary substitute auto.

 

What is important to note is that rental agencies will not contract with someone for the rental of very large trucks, such as a moving van or tractor trailer, unless that person has a special license. So it would appear that unless a special license is required, the rental of a truck would undoubtedly withstand the test for coverage. This is not to say that the PAP definitely will rule out coverage for liability insurance on a moving van because the PAP is not that specific to rule out coverage. It is just that it is unlikely that an individual will be renting and driving very large trucks with the expectation that coverage automatically applies under a PAP.

 

One final point is that the rental of a truck is covered by the PAP against physical damage since coverage applies nonowned autos, meaning an auto, pickup, van, or trailer, but only if driven by the named insured or any family member. This assumes, of course, that the PAP provides physical damage insurance on the insured's other auto(s).

 

 

 

 

 

 

 

 

 

 

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