Insurance Terms – Garage
DISCLAIMER -
The abbreviated outlines of coverage provided in this site are not intended to
express any legal opinion as to the nature of insurance coverage. The terms
shown on this site provide only the most basic and general description of some
common terms used by the insurance industry. Please read your policy for
specific details of your coverage. ONLY your policy provides coverage.
Businesses engaged in
selling, servicing, storing, or parking autos have special insurance needs. The
garage coverage form was designed to cover the risk associated with these types
of business operations. The garage policy combines coverage for auto liability,
commercial general liability, and physical damage coverages
in one policy. Garage operations are defined as the ownership, maintenance, or
use of locations for garage business and that portion of the roads that adjoin
these locations. The garage operations include the ownership, maintenance and
use of autos indicated in the policy as covered autos. Garage operations also
include coverage for all operations that are necessary or incidental to a
garage business. An auto is defined as a land motor vehicle, trailer or
semi-trailer. The type of coverage provided on the autos is determined by the use
of ten auto symbols ranging from symbol 21 through 31. Symbol 30 is used to
provide the garage keepers coverage on autos. Symbols 21 through 29 closely
correspond to the same coverage provided under the business auto form with the
use of symbols 1 through 9.
Garage
Liability
The broad liability insuring agreement provides bodily injury and property
damage liability coverage similar to that provided by the commercial general
liability policy and the business auto policy.
The liability insuring agreement for garage operations other than covered autos
promises to pay all sums an insured legally must pay for damages because of
bodily injury or property damage when caused by an accident and resulting from
garage operations other than the ownership maintenance or use of covered autos.
Garage liability for covered autos is provided for the named insured and anyone
else while using the auto with the insured's permission, the insured's
employees, if the covered auto is owned by that employee, and the insured's
customers, if the insured is an auto dealership. However, certain restrictions
apply to coverage for customers.
The liability insuring agreement for garage operations other than covered autos
promises to pay all sums an insured legally must pay for damages because of
bodily injury or property damage caused by an accident and resulting from
garage operations involving the ownership, maintenance or use of covered autos.
Garage liability for garage
operations other than covered autos is provided, for the named insured, the
insured's partners, employees of the insured, and directors or shareholders
while acting within the scope of their duties.
The garage policy provides
liability coverage for products that are made or sold in a garage business. The
policy also provides completed operations insurance which is subject to a
deductible. Completed operations coverage would apply in the event of a claim
that resulted from property damage to an auto as a result of work the insured
performed on that auto.
The policy has an annual aggregate limit for garage operations other than
covered autos and an each accident limit which applies to both auto claims and
other than auto claims.
Garage Keepers Liability
The garage keepers section of the policy covers the insured's liability for
loss to a covered autos or auto equipment left in the insured's care while the
insured is attending, servicing, repairing, parking or storing the auto in the
garage operation. Garage Keepers coverage is necessary because liability for
such damages is excluded under the garage liability section of the policy with
the care, custody, or control exclusion. The causes of loss that may be insured
against are collision, comprehensive, or specified causes of loss. The
specified causes of loss are fire, explosion, theft, and mischief or vandalism.
The limit of insurance shown in the policy is the most the insurer will pay for
each loss at each location listed in the policy. In addition to the limit of
insurance the Garage Keepers policy pays supplementary payments that could be
made to cover the cost of expenses incurred while the insurer is defending the
insured against suits alleging covered losses.
Garage Keepers insurance can apply on a legal liability basis, which means the
insured must be legally obligated for the damages in order for the insurer to
respond to a claim. The insured can also pay an extra premium for direct
coverage. The direct coverage endorsement will pay for losses to customers’
cars without the usual requirement that the insured be legally liable. This
endorsement is also known as goodwill coverage by many insured's because it
preserves good customer relations when a customer expects to be paid for a loss
even though the garage is not legally obligated to do so.
Garage Physical Damage Coverage
Garage physical damage insurance provides the same collision, comprehensive and
specified causes of loss coverage available under the business auto coverage
form. However, the garage form contains a number of exclusions that are not
found in the business auto form. As with the business auto form the coverage
can be written on a comprehensive basis or a specified cause of loss basis. The
comprehensive insuring agreement states it will pay for loss to a covered auto
or its equipment from any cause except collision, overturn, or a peril
specifically excluded. The specified cause of loss insuring agreement states it
will pay for losses caused by fire, lighting or explosion, theft, windstorm,
hail or earthquake, flood, mischief or vandalism and the sinking, burning,
collision, or derailment of a conveyance transporting the insured vehicle. The
collision coverage pays for a loss to a covered auto caused by a collision with
another object or overturn.
Transportation expenses and
towing and labor coverage can be added for non-dealers only. Auto dealers
physical damage coverage is provided for new or used autos held for sale by an
auto dealership. When this coverage is desired it is usually written on a
reporting form basis.
The limit of insurance under the physical damage coverage is the smaller of the
actual cash value of the damaged or stolen property at the time of the loss or
the cost to repair or replace the property with property of like kind and
quality. Auto dealerships have other provisions that may determine the limit of
insurance. A deductible would apply for comprehensive or specified cause of
loss coverage.
When the insured is a non-dealer, the Comprehensive coverage deductible does
not apply to losses caused by fire or lighting.
When the insured is an auto dealership the deductible for specified cause of
loss or comprehensive coverage applies only to losses caused by theft mischief
or vandalism. Comprehensive and specified cause of loss coverage for auto
dealers and non-dealers carries a per-auto deductible, as well as a maximum
deductible which is applicable for all loss in any one event. When collision
coverage is added a deductible would apply for each covered auto.