“Sometimes I wonder what I'm a-gonnado
But there ain't no cure for thesummertime blues.”

Whether you prefer the original Eddie Cochran version, theclassic Live at Leeds from The Who, or even the ear-bleedingcrushing power chords of Blue Cheer, Summertime Blues isone of those songs written for August. Driven into numb lethargy bythe heat or just tired of work in general, the singer laments hisinability to take or catch a break in words and tones anyfrustrated person can understand. Even insurance folk.

Many is the agency or carrier that may well claim to be as openand energetic as spring, but reality is revealed when e-mailreplies are variations of “out of office,” phone calls go directlyto voice mail and text messages go unheeded. Intentionally orsimply due to lack of energy, these are the dog days of summer.

Related: Agents: It's time to be free of conflicting policyterms

We are not alone. Other businesses and activities join us in ourlethargy. The baristas at Starbucks seem to move just a bit slower,the stores seem half deserted and I swear my iMac goes into sleepmode more frequently.

Yet there is a silver lining around those thunderstorm clouds.Indeed, this very pause in life in the fast lane provides a perfectopportunity to devote some extra time to delving a bit deeper intocoverage questions that, while potentially crucial, just never seemto merit rising to the top of the priority list during those daysof barely controlled chaos that appear to dominate so many agenciesthe rest of the year.

(Photo: Shutterstock.com)

For example, let's kick back under your favorite shade tree witha glass of icy lemonade or tea and consider the query recently sentmy way by an alert reader (edited for clarity):

Hi, Chris! We recently received amemo from one of our companies regarding a change to theirdefinition of an “Insured.” I believethat I may be reading this wrong, or misunderstanding it, but theway it's worded it sounds as if there is no coverage for aperson if they have their own policy. For example:I'm driving your car, I hit another vehicle; yourpolicy is only going to pay for the damages if I don'thave a policy of my own. If I do have a policy of my own, theywon't pay, but will expect mine to pay. Would youplease give me your thoughts on this and maybe straighten me out?I'm not sure this is something we need to be concernedabout or if perhaps we should be doing somethingdifferently.

Here is the applicable company endorsement wording to which ourreader refers, which is intended to modify the definition of“insured” for auto liability:

Any other person who is notinsured for vehicle liability coverage by any other insurancepolicy, including but not limited to, a self-insurance program or aliability bond for his or her use of:

• |
  • |
    • Your covered auto
    • A newly acquired auto
    • A trailer while attached to an auto describedabove.

One other key fact: the carrier memo indicates this endorsementis for attachment to a personal or farm umbrella.

What it all means

Note our reader's humility. As an alternative to anoverwhelmingly obnoxious ego, humility is all well and good. But becareful it doesn't lead you, in the immortal words of BruceSpringsteen, to doubt what you are sure of.

Related: The 8 most misunderstood coverage issues in CGLinsurance

Facing this fear of being wrong, whether correct or not, she didabsolutely the correct thing, which a plethora of E&O claimsanalyses proves far too many agents don't: When in doubt, ask.Whether this means a conversation with a more experienced agent orunderwriter, a query posted to the IIABA Virtual University orsimilar online resource, an e-mail to a humble scribe, or all ofthe above, the key is not to just act and hope. Better to trust butverify than flip a coverage coin and go down in flames.Particularly in forms and endorsement wording queries, a neutralthird party with no emotional involvement with either the carrieror scenario can often see the situation more clearly.

(Photo: Shutterstock.com)

In this case, whatever the carrier may have intended, theendorsement language is clear: Because “Insured” will only includea “person who is not insured for vehicle liability by anyother liability policy” (emphasis mine), then a person whois insured by such other policy will not be included forcoverage. Hence our reader's example is on point: If she has anaccident while using my car (“Your covered auto”), and she has herown Auto insurance liability that will apply to the accident, thenthe policy to which this endorsement is attached will provide noliability coverage for her for that accident.

Related: Blurred word crimes

Before going off like a 4th of July firework over this, becertain to consider just what this means—especially because thisparticular endorsement is not indicated to attach to a personalauto policy (PAP) but specifically for an umbrella. Considerliability coverage for the accident as described in her example(and assuming an ISO PAP and no other exclusions apply):

1. |
   1. I'm still protected under both my PAP and umbrella; theendorsement only limits her status as an insured.
   2. The limits under my PAP still apply in full to protect her(only her excess coverage under my umbrella is eliminated by theendorsement).
   3. The full limits under her PAP will still protect her as excessto mine, as long as she is a permissive user of “any auto.”
   4. The full limits of her own personal umbrella will still protecther, as under her policy she will not be “any other person.”

Bottom line: Although the new endorsement may well be arestriction of coverage, it hardly leaves our reader totallyunprotected while using my vehicle. And if she fails to have herown coverage, the endorsement specifically provides her coverage,giving her full access to both my PAP and personal umbrellalimits.

Again, a necessary disclaimer: This analysis is based upon theexample in her e-mail and the specific wording of the endorsement,and assuming no other limitations or exclusions apply under eithermy PAP or umbrella.

So as you wander back inside to refresh that wonderfully coldice tea or lemonade, allow me to slightly misquote Mungo Jerry'ssummertime classic:

In the summertime when the sun is bright,
Youcan take the time to get it right,
When theweather's fine,
You got coverage, you gotcoverage on your mind.
Have a drink, grab aform
Read up and see what you may find.

 __________________________________________

Chris Amrhein, AAI, is an insurance educator and speaker,and serves as the chief fun officer at insuranceisfun.com.