Garage
Coverage Description
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 includes the ownership, maintenance and use of autos
indicated in the policy as covered autos. Garage operations also
includes 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
are 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 Coverages
Garage physical damage insurance provides the same collision, comprehensive
and specified causes of loss coverages 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.
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