New Endorsement - Not Related to the Auto Dealers Coverage Form Only one newly-created endorsement in this filing is unrelated to the introduction of the ADCF. All other new endorsements relate specifically to the ADCF (presented in the next section).
Motor Carrier Endorsement (CA 23 30). This is the only new endorsement within this filing not related to the Auto Dealers Coverage Form. This new endorsement replaces the Truckers Endorsement (CA 23 20) but accomplishes essentially the same goal. This endorsement converts the Business Auto Coverage Form (CA 00 01) into a Motor Carrier Coverage Form for autos used in the named insured's operations as a motor carrier.
New Endorsements - Related to the Auto Dealers Coverage Form Twenty-seven new endorsements flow directly from the introduction of the Auto Dealers Coverage Form. Each of these new endorsements is presented below.
Full Covered Autos Liability Limit for Customers (CA 25 15). The named insured's customers are not generally included as insureds in the Auto Dealers Coverage Form; however, exceptions found in the form give back coverage up to the compulsory or financial responsibility limits required by the jurisdiction where the covered autos are principally garaged when the customer has no other available insurance or less than the amount required by the auto liability laws and are using the named insured's covered autos.
This endorsement adds customers to the definition of "Who is an Insured" under Covered Auto Liability coverage (Section I. D.) up to the full limits of coverage, regardless of whether the customer has other insurance. But remember, this applies to only the customer's use of the named insured's covered auto.
Abuse or Molestation Exclusion For General Liability Coverages (CA 25 28). Liability arising out of the actual or threatened abuse or molestation of anyone in the care, custody or control of any insured is excluded.
Additional Insured - General Liability Coverages - Concessionaires Trading Under Your Name (CA 25 29). Additional insured status is extended to concessionaire(s) when this endorsement is attached but only with respect to their liability as a concessionaire trading under the name of the named insured.
Additional Insured - General Liability Coverages - Controlling Interest (CA 25 30). Additional insured status is extended by this endorsement to the person or organization named in the endorsement but only for their liability arising out of: 1) their financial control of the named insured; or 2) out of premises they own, maintain or control while leased or occupied by the named insured.
Additional Insured - General Liability Coverages - Grantor of Licenses - Automatic Status When Required By Licensor (CA 25 31). Additional Insured - General Liability Coverages - Grantor of Licenses (CA 25 32). These endorsements provide additional insured status to grantors of licenses. The CA 25 31 grants this protection on an automatic basis when required by a written contract or agreement. The CA 25 31 requires the grantor to be scheduled in the endorsement.
Additional Insured - General Liability Coverages - Lessor Of Leased Equipment - Automatic Status When Required In Lease Agreement With You (CA 25 45). This endorsement automatically extends additional insured status to a lessor of leased equipment when required by a written contract or agreement.
Additional Insured - General Liability Coverages - Co-Owner of Insured Premises (CA 25 46). Additional insured status is granted by this endorsement to a named person or organization with respect to their liability as co-owner of the premises designated in the endorsement.
Limited Contractual Liability Coverage for Personal and Advertising Injury (CA 25 47). Limited contractual liability coverage with respect to personal and advertising injury arising out of false arrest, detention, or imprisonment is extended by this endorsement. However, such protection is limited to the contract or agreement designated in the endorsement's schedule.
Employee Benefits Liability Coverage (CA 25 48). This endorsement provides coverage for an insured's acts, errors or omissions arising out of the administration of an employee benefits program, Coverage is provided on a claims-made basis.
Limited Product Withdrawal Expense Endorsement (CA 25 49). Certain expenses related to product recall or tampering are reimbursed when this endorsement is attached.
Exclusion - Damage to Rented Premises (CA 25 50). When attached, this endorsement excludes coverage for damage to rented premises. This coverage is granted by the form unless removed by this endorsement.
Exclusion - Designated Products (CA 25 51). Attachment of this endorsement removes coverage for bodily injury or property damage occurring away from the insured's location and arising out of the designated product or products indicated in the endorsement's schedule.
Exclusion - Locations and Operations Medical Payments (CA 25 52). Medical payments coverage is included in the Auto Dealers Coverage Form. If the insured choses to delete this coverage the CA 25 52 is used to accomplish this goal and remove medical payments protection.
Exclusion - Newly Acquired or Formed Auto Dealership (CA 25 53). When this endorsement is attached, the automatic coverage automatically extended by the coverage form to newly acquired or formed dealerships is deleted. No automatic coverage is extended to newly acquired or formed locations.
Exclusion - Personal And Advertising Injury Liability Coverage (CA 25 54). Personal and advertising injury protection is automatically provided in Section II (General Liability) of the Auto Dealers Coverage Form. Attachment of this endorsement removes this protection.
Exclusion - Products And Work You Performed (CA 25 55). Attachment of this endorsement removes coverage for bodily injury or property damage occurring away from the insured's location and arising out of the insured's product or products or work the named insured performed.
Exclusion - Designated Work You Performed (CA 25 56). Attachment of this endorsement removes coverage for bodily injury or property damage occurring away from the insured's location and arising out of the designated work the insured performed as indicated in the endorsement's schedule.
Communicable Disease Exclusion for General Liability Coverages (CA 25 57). This endorsement excludes coverage for liability arising out of the actual or alleged transmission of a communicable disease.
Amendment of Limits of Insurance - General Liability Coverages (CA 25 58). General liability limits can be altered by this endorsement after policy inception. The altered limits are those in the endorsement rather than on the Declarations page.
Designated Location(s) General Liability Aggregate Limit for Certain General Liability Coverages (CA 25 59). Aggregate limits apply on a per designated location basis rather than a per policy basis when this endorsement is attached.
Worldwide General Liability Coverages (CA 25 60). Expanded Coverage Territory for General Liability Coverages- Additional Scheduled Countries (CA 25 61). These endorsements expand the scope of the worldwide coverage in regards to General Liability Coverages to include reimbursement of defense costs for suits brought outside the US, its territories and possessions, Puerto Rico or Canada. Also, if the insured is found liable but the insurance carrier is unable to "pay on the insureds behalf," it will reimburse the insured. Certain conditions must be met for this extension to apply.
Changes to the Bankruptcy or Insolvency Exclusion for Acts, Errors or Omissions Liability Coverages (CA 25 62). The Auto Dealers Coverage Form contains a bankruptcy or insolvency of the insurance carrier exclusion within the Acts, Errors or Omissions Coverage related to the insured's placement of insurance on the insured's vehicle. This exclusion is excepted (not applicable) if the insurer used by the named insured is rated B+ or better. Attachment of this endorsement amends this exception by replacing it with the credit rating specified in the endorsement or by changing the rating agency to other then AM Best.
Exclusion - Acts, Errors or Omissions Liability Coverages (CA 25 63). Section III of the Auto Dealers Coverage Form extends coverage to apply to Acts, Errors or Omissions Liability relating to truth in lending, odometer, insurance agents and brokers and title coverages. Attachment of this endorsement removes this protection.
Exclusion of Specified Acts, Errors or Omissions Liability Coverages (CA 25 64). One or more of the coverages relating to Section III (Acts, Errors or Omissions Liability) can be deleted by attachment of this endorsement.
Total Bankruptcy or Insolvency Exclusion For Acts, Errors Or Omissions Liability Coverages (CA 25 65). When this endorsement is attached, the AM Best B+ rating exception related to insurance placed by the named insured is completely removed. Removal of this exception makes the named insured liable for any insurer bankruptcy or insolvency regardless of the insurance carrier's rating. This appears to be an underwriting tool available to the underwriter.
Customer Complaint Legal Defense Coverage (CA 25 66). Defense cost is the only expense covered by this endorsement. This endorsement covers the costs to defend claims or suits for damages brought by the insured's customers and arising out of the sale, service or repair of an auto in the named insured's auto dealer operations. This endorsement is useful when the claim or suit does not assert bodily injury or property damage only general damages not excluded by the endorsement. Coverage is provided on a claims made basis.
Extended Reporting Period Endorsement For Employee Benefits Liability Coverage (CA 25 67). An optional five year extended reporting period for the reporting of claims under Employee Benefits Liability Coverage endorsement (CA 25 48) applies when this endorsement is attached.
General Revisions - Not Related to the Auto Dealers Coverage Form Two Declarations, two coverage forms and six endorsements are revised for two main reasons: 1) to reinforce certain coverage provisions; and 2) to incorporate several editorial changes. The altered forms and endorsements are the:
Business Auto Declarations (CA DS 03) and the
Motor Carrier Declarations (CA DS 21). Changes to these Declarations are for informational purposes only in those jurisdictions where Declarations are not required to be filed. These changes are being filed in states where the filing of Declarations is required. ISO revised the formatting of these forms and replaced references to "Liability" with "Covered Autos Liability." Along with some minor editorial revisions, other revisions to these Declarations include:
- ITEM ONE is revised to reference the Broad Form Nuclear Exclusion endorsement (applicable in Washington) under the Endorsements Attached to this Policy" section.
- ITEM THREE is revised by deleting the reference to "Actual Cost New or Used" and moving the reference to "Original Cost New" to the Classification section.
- ITEM FOUR is altered by replacing the term "Total Premium" with "Total Hired Auto Premium" to reinforce that this section now relates to only Hired Auto coverage. Similar changes apply to ITEM FIVE in CA DS 03 and CA DS 21, and to ITEM SIX in CA DS 21.
Business Auto Coverage Form (CA 00 01); Motor Carrier Coverage Form (CA 00 20); Stated Amount Insurance (CA 99 28); Audio, Visual and Data Electronic Equipment Coverage Added Limits (CA 99 60); and Loss Payable Clause - Audio, Visual and Data Electronic Equipment Coverage Added Limits (CA 99 61). Beyond editorial changes various provisions and schedules applicable to physical damage coverage are reinforced to clarify that a "loss" rather than an "accident" triggers coverage.
Amphibious Vehicles (CA 23 97). This endorsement is revised to reinforce that insurance protection is not applicable to amphibious vehicles while being launched into, used in or beached from the water. The exclusions apply to both liability and physical damage coverage (but is not limited to these coverages).
Trailer Interchange Coverage (CA 23 98). Two changes are made to this endorsement:
- The endorsement is revised to reinforce that court costs taxed against the insured do not include attorneys' fees or attorneys' expenses; and
- An additional definition is added to reinforce that the term "trailer" includes a semitrailer or a dolly used to convert a semitrailer into a trailer. But in regards to Trailer Interchange Coverage only, a "trailer" also includes a container (such as an intermodal container).
General Revisions - Related to the Introduction of the Auto Dealers Coverage Form, the Withdrawal of the Physical Damage Coverage Form, and the Previous Withdrawal of the Truckers Coverage Form Seventy-three forms and endorsements are altered by ISO in this filing as a direct result of the introduction of the Auto Dealers Coverage Form (as the replacement for the Garage Coverage Form), the withdrawal of the Physical Damage Coverage Form and the previous withdrawal of the Truckers Coverage Form in favor of the Motor Carrier Coverage Form. These forms and endorsements were modified by:
- Adding references to the Auto Dealers Coverage Form within endorsements.
- Deleting references to the Truckers Coverage Form and Business Auto Physical Damage Coverage Form in various endorsements.
- Revising references, schedules, headers and lead-in statements to track with the new forms.
- Replacing references to "Liability Coverage" as it relates to auto liability coverage with the phrase "Covered Auto Liability Coverage."
- Removing the countersignature block from the endorsements.
The forms and endorsements altered as described above are the:
- CA 00 01 - Business Auto Coverage Form
- CA 00 20 - Motor Carrier Coverage Form
- CA 01 21 - Limited Mexico Coverage
- CA 02 38 - Reinstatement Of Insurance
- CA 02 40 - Suspension Of Insurance
- CA 03 01 - Deductible Liability Coverage
- CA 03 02 - Deductible Liability Coverage
- CA 04 42 - Exclusion Of Federal Employees Using Autos In Government Business
- CA 04 44 - Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation)
- CA 04 45 - Golf Carts And Low-Speed Vehicles
- CA 20 01 - Lessor - Additional Insured And Loss Payee
- CA 20 02 - Audio, Visual And Data Electronic Equipment Coverage - Fire, Police And Emergency Vehicles
- CA 20 05 - Drive-Away Contractors
- CA 20 06 - Driving Schools - Non-Owned Autos
- CA 20 07 - Emergency Services - Volunteer Firefighters' And Workers' Injuries Limited Exclusion
- CA 20 08 - Farm Tractors And Farm Tractors Equipment
- CA 20 09 - Leasing Or Rental Concerns - Contingent Coverage
- CA 20 10 - Leasing Or Rental Concerns - Conversion, Embezzlement Or Secretion Coverage
- CA 20 11 - Leasing Or Rental Concerns - Exclusion Of Certain Leased Autos
- CA 20 12 - Leasing Or Rental Concerns - Rent-It-There/Leave-It-Here Autos
- CA 20 13 - Leasing Or Rental Concerns - Schedule Of Limits For Owned Autos
- CA 20 14 - Leasing Or Rental Concerns - Second Level Coverage
- CA 20 15 - Mobile Equipment
- CA 20 16 - Mobile Homes Contents Coverage
- CA 20 17 - Mobile Homes Contents Not Covered
- CA 20 18 - Professional Services Not Covered
- CA 20 19 - Repossessed Autos
- CA 20 21 - Snowmobiles
- CA 20 27 - Registration Plates Not Issued For A Specific Auto
- CA 20 30 - Emergency Services - Volunteer Firefighters' And Workers' Injuries Excluded
- CA 20 33 - Autos Leased, Hired, Rented Or Borrowed With Drivers - Physical Damage Coverage
- CA 20 48 - Designated Insured (Newly titled Designated Insured For Covered Autos Liability Coverge)
- CA 20 54 - Employee Hired Autos
- CA 20 55 - Fellow Employee Coverage
- CA 20 56 - Fellow Employee Coverage For Designated Employees/Positions
- CA 20 70 - Coverage For Certain Operations In Connection With Railroads
- CA 20 71 - Auto Loan/Lease Gap Coverage
- CA 23 01 - Explosives
- CA 23 03 - Multi-Purpose Equipment
- CA 23 04 - Rolling Stores
- CA 23 05 - Wrong Delivery Of Liquid Products
- CA 23 08 - Truckers - Excess Coverage For The Named Insured And Named Lessors For Leased Autos (Newly titled: Motor Carriers - Excess Coverage For The Named Insured And Named Lessors For Leased Autos)
- CA 23 09 - Truckers - Insurance For Non-Trucking Use (Newly titled Motor Carriers - Insurance For Non-Trucking Use)
- CA 23 12 - Truckers - Named Lessee As Insured (Newly titled Motor Carriers - Named Lessee As Insured)
- CA 23 13 - Trailer Interchange Fire And Fire And Theft Coverages
- CA 23 17 - Truckers - Uniform Intermodal Interchange Endorsement Form UIIE - 1
- CA 23 24 - Agricultural Produce Trailers - Seasonal
- CA 23 25 - Coverage For Injury To Leased Workers
- CA 23 94 - Silica Or Silica-Related Dust Exclusion For Covered Autos Exposure
- CA 23 97 - Amphibious Vehicles
- CA 24 01 - Transportation Of Seasonal Or Migrant Agricultural Workers
- CA 24 02 - Public Transportation Autos
- CA 99 03 - Auto Medical Payments Coverage
- CA 99 10 - Drive Other Car Coverage - Broadened Coverage For Named Individuals
- CA 99 13 - Fiduciary Liability Of Banks
- CA 99 14 - Fire, Fire And Theft, Fire, Theft And Windstorm And Limited Specified Causes Of Loss Coverages
- CA 99 16 - Hired Autos Specified As Covered Autos You Own
- CA 99 17 - Individual Named Insured
- CA 99 23 - Rental Reimbursement Coverage
- CA 99 28 - Stated Amount Insurance
- CA 99 30 - Tapes, Records And Discs Coverage
- CA 99 33 - Employees As Insureds
- CA 99 34 - Social Service Agencies - Volunteers As Insureds
- CA 99 37 - Garagekeepers Coverage
- CA 99 40 - Exclusion Or Excess Coverage Hazards Otherwise Insured
- CA 99 44 - Loss Payable Clause
- CA 99 47 - Employee As Lessor
- CA 99 48 - Pollution Liability - Broadened Coverage For Covered Autos - Business Auto, Motor Carrier And Truckers Coverage Forms (Newly titled: Pollution Liability - Broadened Coverage For Covered Autos - Business Auto And Motor Carrier Coverage Forms)
- CA 99 54 - Covered Auto Designation Symbol
- CA 99 59 - Garagekeepers Coverage - Customers' Sound-Receiving Equipment
- CA 99 60 - Audio, Visual And Data Electronic Equipment Coverage Added Limits
- CA 99 61 - Loss Payable Clause - Audio, Visual And Data Electronic Equipment Coverage Added Limits
- CA 99 90 - Optional Limits - Loss Of Use Expenses
Next week the similarities and differences between the soon-to-be discarded Garage Coverage Form and the Auto Dealers Coverage form are discussed. This shall prove to be a very valuable article.
I would love to hear your feedback, please send me an email
cboggs@ijacademy.com.
Until next time,
Christopher J. Boggs, CPCU, ARM, ALCM, LPCS, AAI, APA, CWCA, CRIS, AINS
Director of Education
Academy of Insurance
cboggs@ijacademy.com
Little time is devoted to the new endorsements created by this change beyond listing and providing a brief description of each. Unicom Insurance
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