If a daughter and father are both named on the vehicle title and the daughter gets her own PAP. So now she has a separate policy from the father. However, he is still named on the title with the daughter so does the father have PAP liability coverage on his policy if a claim occurs involving that vehicle? Would the father have coverage on her policy, on his policy, on his Umbrella policy? Would her limits defend him until exhausted and then his would kick in?
PART 2 -
Yes, let me give more details. The daughter does not live at home. The concern is for the father and his liability coverage. The vehicle will only be listed on the daughter's policy even though it is titled to both of them. It could be a case of the Friday's but I am struggling to line up the coverage for the father's liability if the vehicle is involved in BI/PD to a 3rd party.
I am looking to verify how the coverage would flow based on separate unendorsed ISO PAP for both father and daughter.
Does that make sense?
Texas Subscriber
I want to be sure I have the details right; is the daughter's car listed on the father's auto policy, or is it only listed on her policy? That's going to make a difference. Under the standard ISO auto policy, liability coverage is excluded for any vehicle other than "your covered auto" that is owned by any "family member". Also excluded is a vehicle other than "your covered auto" furnished or available for regular use. So if the daughter still lives at home, her vehicle could be considered available for regular use and would be excluded, even though dad owns half the vehicle.
Remember "your covered auto" is defined as any vehicle shown in the declarations. The title doesn't confer coverage, the policy does. If the vehicle is listed on both the father's and the daughter's policies, then the other insurance provisions will apply as follows:
OTHER INSURANCE If there is other applicable liability insurance, we will pay only our share of the loss. Our share is the proportion that our limit of liability bears to the total of all applicable limits. However, any insurance we provide for a vehicle you do not own, including any vehicle while used as a temporary substitute for "your covered auto", shall be excess over any other collectible insurance except insurance written specifically to cover as excess over the limits of liability that apply in this Policy.
If the policies are from different insurers, the wording may be different, so you would have to look at both policies to determine what coverage would apply when.
PART 2 -
What you need to remember is that since the father is on the title to the vehicle, that makes the vehicle owned by him, even though it's at the daughter's and he probably doesn't drive it much, if ever.
Under the liability exclusions B. 2.a. reads as follows: B. We do not provide Liability Coverage for the ownership, maintenance or use of: 2. Any vehicle, other than "your covered auto", which is: a. Owned by you; or
Since the father is on the title to the daughter's car but the car is not listed on the dec of the father's auto policy, it is a vehicle owned by him that is other than "your covered auto" and is therefore excluded from coverage.
To be a covered auto on the father's policy, a vehicle needs to be shown on the declarations. This vehicle is not, it is on the daughter's policy, so it is not "your covered auto". There is no coverage on the father's policy when he drives his daughter's vehicle.
Now, if we look at it from the viewpoint of the daughter's policy, coverage applies to "family members" for the ownership, maintenance or use of any auto or "trailer", or any person using "your covered auto". "Family members" by definition must be a resident of the household, so the father would fall under "any person using "your covered auto". Therefore, the father's liability exposure would be covered under the daughter's policy as long as he had permission to drive the vehicle.