Our insured's personal autos are written on the 1977 version of the personal auto policy. Recently, he asked us about coverage on a motorhome he is renting for vacation.
The insurer told us he is not covered. However, the policy promises to cover the insured's liability arising out of the use of “any auto.”
In checking a standard desktop dictionary, it defines an auto as having “usually four wheels.” The motorhome in question has six wheels. It appears that the insurer is basing its decision for no coverage on this definition. We feel that the insurer may be correct, but would appreciate some back-up in explaining the decision to the customer.
California Subscriber
The insured is entitled to the most favorable reading of the policy as is possible. The use of the wording “usually four wheels” in the definition of automobile allows for the inclusion of other vehicles. Because the policy and the dictionary do not specifically define automobile as having only four wheels, a motorhome fits the category.
The 1977 edition of the personal auto policy covers the insured's liability for the use of any auto. That would include his use of a motor home.
However, your insured is not covered for damage to the motorhome. Damage to nonowned autos is provided via an exception to the care, custody, or control exclusion. However, that exception only gives back coverage for private passenger autos; trailers; and pick-up, sedan delivery, or panel trucks. The motorhome does not fit any of those categories.
The best solution is for your insured to purchase physical damage coverage from the rental agency. Or, you might be able to convince the auto insurer to provide the coverage for an additional premium on the personal auto policy.
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