|

I have a question on coverage under the personal auto policy, PP 00 01.

Our insured rented a vehicle and listed her daughter as a driver. The insured's daughter is not listed on the insured's policy but was a permissive user of the vehicle. For liability coverage under the PAP, an insured is any person using "your covered auto" (in this case, the substitute vehicle). The carrier for the insured's daughter will not assume any responsibility because the rental is in our insured's name, even though the rental contract lists the insured and her daughter. I am wondering if the policies should be pro rata.

New York Subscriber

If the rented car is a covered auto on the insured's policy, then you are right that the permissive driver/daughter has coverage. Now, if the daughter has her own policy, she is the named insured, and the named insured is an insured for the use of any auto, rented or not. The standard PAP states that any insurance provided for a vehicle not owned by the named insured is excess over any other collectible insurance. So, the daughter's coverage is excess under her policy. However, your insured's policy says the same thing—excess coverage for a nonowned vehicle. Now both policies cannot be excess so as to deny the insured any coverage, so the payment for the loss has to be shared, and that share is on a pro rata basis.

You should make sure that the daughter's policy is worded the same way as the standard PAP when it comes to other insurance, but if it is, the daughter's policy is applicable.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis