Symbols are assigned to vehicles and this impacts coverage, so it’s important to know what symbols are assigned. For example, if Symbol 7 is assigned, this can save you money on your rates, but requires a bit more diligence if you ever add vehicles to the policy.

When executives or others are furnished with company vehicles, which are also used for personal time, the Drive Other Car endorsement is required, unless they have a personal auto policy in force.  Otherwise, the BAP does not offer coverage.

Nearly every organization has this exposure and coverage is often inexpensive.  If you or your employees drive personal vehicles or rent vehicles on company business, then your organization has a significant exposure to liability.

If your business has mobile equipment subject to motor vehicle laws, then it must be identified by symbol 19 and covered under the BAP.

The definition of an “employee” includes “leased workers” and this creates a potential gap in coverage if worker is injured on the job.  Under workers compensation statute, the leased worker falls under the employee leasing firm if they are injured while working for you.

However, the leased worker may select to claim damages against you for negligence, but the unendorsed Business Auto Policy will not respond due to the “employee” and “workers compensation” exclusions.

BEST SOLUTION: Ask the leasing firm to name you as an “alternate employer” on their Work Comp and Employers Liability policy and show you proof of such.

Courts have not agreed in all jurisdictions on whether mental anguish or emotional distress is considered “bodily injury”.  In some jurisdictions, there is clear precedent that is covered under the definition, but in some it is not.

Most cases settle outside of court anyway and the plaintiff takes a sum from the insurance company, but if your jurisdiction does not allow mental distress as bodily injury, this may be a legitimate coverage concern. If all else is equal, a policy that specifically includes mental anguish is preferable.