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Commercial auto
Underinsured motorists physical damage
My client was driving a truck carrying $18,000 worth of cabinetry when struck by another vehicle whose driver was at fault. The vehicle is insured by the at-fault driver with low limits, which likely will not be enough to compensate my client for his truck and the cabinetry damaged, since a bridge and telephone pole also were damaged in the accident. Will New Jersey uninsured motorists coverage pay for the damages, including the cabinetry?
Commercial auto pollution coverage
I am aware that under P.L. 2023, c. 276, effective July 1, 2024, commercial vehicles with a gross vehicle weight of more than 26,000 pounds are required to carry minimum liability limits of at least $1.5 million. Commercial vehicles with a gross vehicle weight rating of 10,001 or more pounds, but less than 26,001 pounds, are required to carry at least $300,000 of liability coverage. Commercial auto insurance in New Jersey is modified by mandatory endorsement to provide pollution coverage up to the minimum financial responsibility limits. My question is whether this impacts pollution coverage for these vehicles that now require higher minimum liability limits?
Stated amount
An antique auto insured under a business auto policy was stolen. The amount the insurer offered was less than the stated value. Is this correct?
Primary or excess?
An employee of our commercial auto policyholder had an accident in his personal vehicle. Our policyholder has two policies through two different companies. Company A’s policy is rated based on Symbol 1, making any auto (including hired and non-owned) a covered auto. The second policy, written by Company B, provides liability coverage for non-owned and hired vehicles only. We would like the claim to be paid by Company B, because Company B’s coverage is more specific to the claim. But Company B says no, the loss should be split, one-half with Company A and one-half with Company B. How should this claim be apportioned?
Borrowed motorcycle
On a commercial auto policy, if a customer borrows a motorcycle that is owned by a corporation (named insured)Â and is involved in an accident, is the motorcycle considered “any auto” (Symbol 1)?
Loss of use
A client purchases an ISO Business Auto Policy with physical damage coverage. How would you describe its provisions for the loss-of-use coverage?
Incorrect lessor named
I quoted a commercial automobile policy for someone using a copy of the prior policy. The lessor for a scheduled vehicle was not the current one, so the new policy did not list the correct name on the Lessor—Additional Insured And Loss Payee endorsement. An accident occurred and the lessor was named in the third-party suit. The insurer will not defend the lessor because it is not the one listed on the policy. Is there anything I can do to resolve this without an errors-and-omissions claim?
Ownership of scheduled commercial vehicle
My client is a sole proprietor who uses a commercial vehicle in his business. His wife owns the vehicle. Is there any coverage issue when the named insured does not own the scheduled vehicle?
Federal electronic-driving device rule for truckers
Our clients are talking about a new electronic-driving device rule for motor carriers. Can you give us some information on this?