We have a client for whom we have placed personal auto insurance with uninsured motorists coverage. The named insured is also furnished a company car for his regular use by his employer; the company car is insured by the employer, but does not have uninsured motorists coverage.
Our client wants to know if the uninsured motorists coverage from his own personal auto policy will respond to an accident he may have while driving the employer-furnished car, or any other regularly furnished nonowned auto for that matter. This assumes, of course, that the accident is with an uninsured motorist and that the other motorist is at-fault and our client sustains bodily injury.
Do you have an answer for our client?
Arkansas Subscriber
Uninsured motorists coverage is based on the insured being legally entitled to recover damages from the owner or operator of an uninsured motor vehicle. It makes no difference if the insured is driving an owned car or a nonowned car; if he is hit by an uninsured motorist and injured the insured's uninsured motorists coverage will apply.
Your insured does need to be aware of some other issues though. Uninsured motorists coverage will not duplicate workers compensation payments. If your insured is driving a company car on business and is involved in an accident with an uninsured motorist, the insured's auto policy will not pay for an element of loss if the insured is entitled to receive payment for the same element of loss under workers comp. Also, uninsured motorists coverage does not apply to punitive damages. Finally, the uninsured motorists coverage for nonowned autos is excess over any collectible insurance providing such coverage on a primary basis; so, if the employer should ever purchase uninsured motorists coverage for the business auto, that coverage will be primary for your insured.
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