We have an insured under a commercial auto policy. The driver of our insured's vehicle was not listed as a driver on the policy and he had no valid driver's license. I do not see an exclusion for "using a vehicle without a reasonable belief that that person is entitled to do so" in our policy like the one in the personal auto policy. The driver was not a restricted driver so the fact he was not a listed driver may just be something we need to tell underwriting.

From what I can see, we probably have to provide coverage. Our insured driver was at fault. There may be a collision, property damage and bodily injury claim. Am I missing anything?

Illinois Subscriber

The main thing you have to check is whether the driver was a permissive driver in that the who is an insured clause states that while the named insured is an insured for any covered auto, anyone else can be an insured but this is while using with permission a covered auto owned, hired or borrowed by the named insured. So, check the who is an insured clause and of course, check to see if the vehicle is a covered auto since liability coverage and physical damage coverage depend on the vehicle being a covered auto as defined.

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