Our insured's cars are covered under his own personal auto policy. His maid has her own car and her own insurance. What would happen if she were on an errand for our insured and involved in an accident, and our insured were consequently sued? Could our insured look to his own policy for coverage of any vicarious liability?

California Subscriber

The personal auto policy promises to pay damages for BI or PD "for which any insured is legally responsible." It goes on to define "insured" as "you" (the named insured) for the "use of any auto." It does not specify that such "use" must be direct; that the named insured must be behind the wheel.

If a domestic servant is running an errand for his or her employer and is involved in an accident, that constitutes "use" of that car by the employer. Then, the employer may turn to his own policy for coverage of any liability for which the employer is held liable.