Auto towed on a trailer

    Posted by MAIA on May 9, 2019 12:01:00 AM


    This question was answered based upon current rules, regulations & statutes in effect on April 11, 2019

    Good Afternoon Irene!!!

    I believe you have addressed this question before in Question of the Day but I can't find it....

    We have an insured with a regular auto policy and an antique car policy. The regular policy has full coverage and the antique has liability & comprehensive only because he doesn't drive the vehicles (they are in the process of being restored). He is going to a car show to possibly purchase another antique vehicle. If he does, he will be putting it on a trailer and towing it back home. If he were to get in  an accident, would there be coverage for the newly acquired auto and on which policy? Would it be a comprehensive claim?

    We have received 3 different answers to the question....

    Thank you!!!!



    Irene Morrill:   Well, I don’t “do” question of the day so sending this to Kathy Cormier, CPPL, Member Relations Advocate

    I have NO idea what a specialty market antique auto would do or not do

    2008                     2016 MAP … If one has a policy in force then the definition of “your auto” states:

    1. Your Auto – means:
      1. The vehicle(s)  described on the Coverage Selections Page.
      2. A private passenger auto, trailer, motorcycle, pick-up truck, van or similar vehicle, to which you take title or lease as a permanent re- placement for a described auto or as an additional auto. We provide coverage for an additional auto only if you ask us to insure it within seven days after you take title or the effective date of the lease.

    So an “additional auto” is covered …the 64 million dollar question is …for what

    Years ago I had multiple discussions with Victor Fanikos, Esq., MA DOI legal counsel and the MAP was his “baby’.

    1. He told me “whatever the client wants” … I’d go on a tangent and say …they kill 25 people and want $50 million of liability …he’d tell me to “shut up” …of course they want coll/comp  - which is a mandatory offer in MA
    2. It makes sense to me that Parts 3,4,5,6,12 would be “whatever” was on the other vehicle as most companies won’t let you have differing limits on different vehicles …and this makes sense also
    3. Some say …compulsory coverages only …which would be Part 1-4 … but MP and coll/comp are mandatory offer
    4. If one has the PAP … then it is “broadest coverage currently available on the policy” – and if there is no coll/comp then one gets coll/comp ..for 4 days

    I think it is “prudent” to have a “pre-purchase” discussion regarding the coverages/limits that they would want as it makes a much better argument with the carrier.

    I always argued with Victor to actually put the language in the policy like the ISO policy does.

    So …what are the (3) options you already have … the real answer is to ask the company …but that doesn’t mean that is right

    Agent:  I asked the carrier of the antique policy. The first person I spoke to said there is coverage. I called back because I forgot to mention that there was no collision on the policy currently. The second person said I would need to get the information on the car before he went down and they would note the policy and then add it when he got back. The third person said there is automatic coverage but not to exceed the coverage on the policy. 

    But if the car is being brought here on a trailer, what coverage/part would cover the auto in the event of an accident?

    So confusing....Although I know you will cut through the language and make it sound simple! :)

    Kathy Cormier: Who is the company for the antique policy?

    Agent:  JC Taylor

    Kathy Cormier:  I do not have their form.  I have for the classic car program forms form:  American Modern Select, Essentia (Haggerty classic car), Foremost, Ironshore Indemnity,  and New Hampshire Ins.

     I do not have the forms/rules for JC Taylor and can’t answer the questions.

    Agent:  I don't either....I am requesting them now....Thank you Ladies!!!!

    This document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

    Topics: Claims, 2019

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