![]() ![]() The most current, up to date version of this article can be found at IIABA’s Virtual University at. IIABA does not assume and has no responsibility for liability or damage which may result from the use of any of this information. NOTE: Policy coverages and circumstances can change at any time, so the information above may not be accurate at the time of reprinting or subsequently to that time. When in doubt, clarify the company’s claims position in advance.Ĭopyright 2000 by the Independent Insurance Agents & Brokers of America, Inc. The exclusion is intended to be applied in those situations where it is obvious that the insured. The applicability of the public or livery conveyance exclusion to the facts of the instant case involves the interpretation of the insurance policys terms-a question of law that this court determines de novo. In recognition of the likelihood that the unendorsed policy covers such use, at least one company has addressed this issue by introducing a mandatory “Food Delivery Exclusion” endorsement that can be removed, on a case-by-case basis, for a premium surcharge. This is in keeping with the legal definition of livery conveyance that states that such a conveyance is a vehicle hired out and used indiscriminately in conveying the public or objects without limitation or without being governed by special terms. Co., Ohio Supreme Court, 1997, and (2) Pizza, Inc. Couch, Tennessee Court of Appeals, 1982).Īt least two other state courts (and Supreme Courts at that) have also found coverage under the PAP for pizza delivery: (1) USF&G v. However, that exclusion does not apply to a share-the-expense car pool. For example, a continuing controversy is whether or not the exclusion applies to “pizza delivery.” One court, in interpreting the more restrictive “transporting persons or property for a fee” exclusion, ruled that the exclusion did not apply to an employee using his own auto in the course of employment, largely because the delivery charge did not directly benefit the insured (United Services Automobile Association v. Typical language in a personal auto policy, such as that found in ISO’s current Personal Auto Policy, excludes coverage with respect to liability arising out of the ownership or operation of a vehicle while it is being used as a public or livery conveyance. This exclusion presents “gray” areas as to coverage for certain activities such as newspaper deliveries, rural mail carriers (for subrogation claims under the Federal Tort Claims Act), home products sales reps (e.g., Avon, Amway, etc.), and so forth. The expressed intent of the policy drafters (via 1989 ISO insurance department filing memorandum) is that this exclusion is designed to preclude coverage for vehicles indisciminantly available for hire to the general public for the transportation of people or cargo (e.g., taxis, sight-seeing vans, package delivery services, etc.). According to the 1998 ISO Personal Auto Policy, there is no coverage for an insured’s ownership or operation of a vehicle while it is being used as a “public or livery conveyance,” except that the exclusion does not apply to a share-the-expense car pool. ![]()
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