Can you confirm if a comprehensive motor policy would cover loss, damage or liability to the declared insured vehicle(s) if the insured allowed a third party (family member or consultant or other third party (not for reward)) to use/operate the vehicle? If the third party was at fault, would the insurance company subrogate against the authorised third party custodian?
Third Party Authorised Driver
- Thread starter Blaise
- Start date
- 2,623
Doesn't anybody write simple English anymore? I have no idea what you are trying to ask nor what scenario you are trying to learn about so I'll just give you some basics about an auto insurance policy and then you can try to edit your question so it's comprehensible.
Here's a link to the ISO standard personal auto policy so you can follow along with me.
http://www.cure.com/PDFVersions/NJ/NJC PAP 03 99.pdf
Part A - Liability Coverage defines "insured" to include any person using your covered auto.
The next page begins the list of exclusions, one of which is using a vehicle without a reasonable belief that that “insured” is entitled to do so. This Exclusion (A.8.) does not apply to a “family member” using “your covered auto” which is owned by you.
That means that anybody using the vehicle with the consent of the Named Insured is covered. Family members are covered without needing consent.
Part D - Coverage for Damage to Your Auto does not define "insured" so the car is covered no matter who drives it, even if it is stolen.
The answer to your last question about subrogating against an "authorized" driver is addressed by Part F - General Provisions - Our Right to Recover Payment. Yes, the insurance company has a right to reimbursement from anyone from whom the Named Insured has a right of reimbursement though there could be exceptions based on the circumstances.
If you have a particular incident in mind, please provide the details (in English with no legalese or high falutin buzzwords) for further discussion.
Here's a link to the ISO standard personal auto policy so you can follow along with me.
http://www.cure.com/PDFVersions/NJ/NJC PAP 03 99.pdf
Part A - Liability Coverage defines "insured" to include any person using your covered auto.
The next page begins the list of exclusions, one of which is using a vehicle without a reasonable belief that that “insured” is entitled to do so. This Exclusion (A.8.) does not apply to a “family member” using “your covered auto” which is owned by you.
That means that anybody using the vehicle with the consent of the Named Insured is covered. Family members are covered without needing consent.
Part D - Coverage for Damage to Your Auto does not define "insured" so the car is covered no matter who drives it, even if it is stolen.
The answer to your last question about subrogating against an "authorized" driver is addressed by Part F - General Provisions - Our Right to Recover Payment. Yes, the insurance company has a right to reimbursement from anyone from whom the Named Insured has a right of reimbursement though there could be exceptions based on the circumstances.
If you have a particular incident in mind, please provide the details (in English with no legalese or high falutin buzzwords) for further discussion.
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