Notification Requirements of the Personal Auto Policy

Our insured was involved in an auto accident. He was responsible. The claims were forwarded to the insured's personal auto policy insurer. The insurer denied coverage since the auto that the insured was driving was not on the policy at the time of the accident. The insured had purchased the auto six weeks prior to the accident but had not requested that it be added to the policy.

The insurer claims that the insured had to notify it of the additional car within thirty days for coverage to become effective according to the provisions of the auto policy. It is our contention that the thirty day notification requirement applies only if the insured wanted physical damage coverage and that the insured is covered for liability purposes for the use of any auto. What is your opinion?

Ohio Subscriber

The personal auto policy has much seemingly contradictory language when it comes to the issue of the thirty day notification requirement. This language can be found in the definitions section, the liability insuring agreement, and the exclusions that limit the liability coverage.

You are correct when you link the thirty day notice requirement with physical damage coverage, but this is only true when the new vehicle is a replacement vehicle. The definition of “your covered auto” makes a distinction between a replacement vehicle and an additional vehicle. If the vehicle that the insured acquires during the policy period replaces one that is shown in the declarations, then the insured must ask the insurer to insure this replacement vehicle within thirty days only if the insured wishes to add or continue physical damage coverage. If the vehicle that the insured acquires is in addition to any shown in the declarations, that thirty day notice is necessary for any coverage to continue after the thirty day period.

Now, seeming to contradict this thirty day limit is the liability insuring agreement that states that the insurer will pay damages for which any insured becomes legally responsible because of an auto accident. Further, the named insured is covered for the ownership or use of any auto. These statements seem to give the named insured liability coverage for the use or ownership of any auto, even those that the named insured has acquired but not reported to the insurer. However, this omnibus coverage is then limited by exclusion B.2., which states that the insurer does not provide liability coverage for the ownership, maintenance, or use of any vehicle, other than the named insured's covered auto, which is owned by the named insured or furnished or available for the regular use of the named insured. Turning back to the definition of “covered auto,” the distinction between a replacement vehicle and an additional vehicle, and the thirty day notification requirement, are the key points.

So, in your case, if the insured's newly acquired vehicle was a replacement vehicle, then the thirty day notice requirement is only applicable for physical damage coverage; no notice was required in order for the acquired vehicle to be a “covered auto” for the liability insuring agreement and to avoid exclusion B.2. If the newly acquired vehicle was an additional vehicle for the named insured, then the insured had to give the insurer the thirty days notice in order for the vehicle to be considered a “covered auto” for any coverage under the personal auto policy and to avoid exclusion B.2. Of course, in order to avoid the confusion that the language of the personal auto policy may cause, it is always best for the insured to notify the insurer of any newly acquired vehicles immediately.

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