Property & Casualty Insurance/garage owner

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Question
A garage owner employee was test driving a customers car and when pulling out into the street hit a car passing by. Does his garage liability cover the car coming down the street.

Answer
Steve,

While on its face, it would appear that this was a clear situation specifically addressed within a liability policy, that may not be case because there were autos involved. Most liability policies exclude damage during the operation of a vehicle ... only providing coverage for damage to the auto while it was in the shop itself. It is possible that the garage should have an endorsement to the general liability policy or even a separate "business auto" policy to cover this sort of thing.

The original authorization for the vehicle repair may also speak to the possibility of damage while test-driving and exclude liability there. If so, the car owners policy would be responsible under the liability portion of that policy and they would subrogate back against the garage owner and their employee.

Hope this helps.

Kevin Hromas
JD, EGA, RPA, PLCS, HCRI-R/C, CPIU, WIND® Umpire
Kevin Hromas & Associates
... A Division of US Insurance Information LLC
www.KevinHromas.com

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Kevin Hromas - JD, EGA, RPA, PLCS, WIND Umpire

Expertise

Insurance related issues for both commercial and residential property coverage. I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies.

Experience

I am a licensed, executive general adjuster currently holding a Texas resident P&C license (614250), New Mexico non-resident all lines license (248774), Oklahoma non-resident P/F/M license (A299561), Florida non-resident P&C license (E117051) and a National Flood Insurance Program certification (06040100). My areas of expertise involve property and casualty issues in both residential and commercial policies with regards to claims practices and issues. I deal extensively with Lloyd's of London commercial policies and various domestic carriers for residential policies. After a 20 year career as a General Contractor, I was employed by Allstate Insurance as an adjuster in Texas, holding various postitions within the property claims department. After leaving Allstate, I specialized in handling losses associated with major catastrophes through-out the country. (Hurricanes Isabel, Charlie, Wilma, Katrina, Ike, etc., hail storms, floods.) I am currently retained as an expert by multiple insurance defense firms in Texas for issues in litigation in regards to claims issues and practices. I am also a certified Umpire for formal appraisals.

Organizations
Member - Society of Registered Professional Adjusters Fellow - Council on Litigation Management Member - Property and Casualty Association Member - Texas Independent Insurances Adjusters Association Member - National Association of Independent Insurance Adjusters Member - Houston Claims Association Member – Windstorm Insurance Network Member – Association of Property & Casualty Claims Professionals

Publications
Claims Magazine (www.ClaimsMag.com and then search 'Kevin Hromas' for a full listing of articles and quotes.) www.ClaimsPages.com, www.ProAdjuster.org, www.KevinHromas.com

Education/Credentials
JD - University of Houston Law Center - 1992 BA - Southwest Texas State University - 1980 AA - South Plains College - 1977 PLCS - Personal Lines Coverage Specialist

Past/Present Clients
Certain Underwriters at Lloyd's of London, Fulbright & Jaworski (Law Firm) Bracket & Ellis (Law Firm) Thamm & O'Briant (Law Firm) Sheehy, Ware & Pappas (Law Firm) Walker, Wilcox and Matousek (Law Firm) Financial Guarantee Underwriters

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