Recreational Vehicle Endorsement MT 03 08 12 13 Contract Analysis

The Personal Auto Policy PP 00 01 09 18 is designed for
private passenger autos, pickups, or vans, with a gross vehicle weight of 10,000 pounds or less. Coverage does not apply to vehicles with fewer than four wheels or that are designed mainly for use off public roads. This excludes a large number of vehicles, including motorcycles.

The Personal Motorcycle Policy MT 00 01 12 13 is designed for motorcycles, which are defined as a motorized vehicle having a saddle or seat for the use of the rider, designed to travel on not more than three wheels, and designed to operate on public roads. Cargo trailers and side cars can also be covered by the policy. Vehicles designed mainly for use off public roads are excluded. This is a broad definition, and could include other vehicles such as ATVS, motorbikes, mopeds,motorscooters, dirt bikes,go-karts, and other similar vehicles, as well as snowmobiles depending on whether they're designed for use on or off public roads.

The phrase similar vehicles could include e-bikes. They have fewer than four wheels and are designed for use on public roads. E-bikes are relatively new and excluded under both the auto policy and the homeowners policy. Certain endorsements may provide some coverage, but the speed of the vehicle and whether it's used off public roads or on public roads are going to be determining factors.

In order to cover those similar vehicles, The Recreational Vehicle Endorsement MT 03 08 12 13 can be added to the Motorcycle Policy. When this endorsement is used, the vehicles must be written on a specified basis and be owned by an individual; spouses; two or more relatives other than spouses; or two or more resident individuals. Snowmobiles are to be covered by the Snowmobile Endorsement MT 03 13.

The Recreational Vehicle Endorsement begins with a schedule that requires a description of the vehicle, and a check box to indicate if the Passenger Hazard Exclusion is to apply to the scheduled vehicle. Desired coverages are then identified for each scheduled vehicle. Liability, medical payments, uninsured motorists, collision and other than collision are all available.

NOTICE
For the Collision and Other Than Collision Coverages, the amount shown in the Schedule or in the Declarations is not necessarily the amount you will receive at the time of loss or damage for the described property. PLEASE refer to the Limit Of Liability Provision below.
With respect to the coverage(s) provided by this endorsement, the provisions of the Policy apply unless modified by this endorsement.

Analysis

With this notice, it is being made clear that the amount scheduled on the endorsement is NOT a stated amount. The insured is not guaranteed to receive the amount of money listed on the form.
The schedule clearly identifies that outside of the coverages listed in the endorsement, all other policy provisions will apply. This is standard policy language – endorsements provide certain coverages or exclusions, and the rest of the policy applies as usual.

Therefore, when the scheduled vehicle is damaged, the Limit of Liability provisions under Coverage D Coverage for Damage to Your Motorcycle will apply. This provision states that when the vehicle itself is damaged, the lesser of the actual cash value of the stolen or damaged property or the amount necessary to repair or replace the property with like kind and quality is what is paid. A sublimit exists for custom equipment in or upon the covered motorcycle of $1,500. If the repair or replacement results in better than like kind and quality of the original parts, the amount of the betterment is not covered.

Coverage For Described Recreational Vehicle(s), Recreational Vehicle Cargo Trailer(s)Or Recreational Vehicle Transport Trailer(s)
With respect to the "recreational vehicle(s)", "recreational vehicle cargo trailer(s)" or "recreational vehicle transport trailer(s)" described in the Schedule or in the Declarations and the coverage(s) for which a specific premium charge indicates that coverage is provided for that vehicle or trailer, the following provisions are added:

I. Definitions

A.For the purpose ofthe coverage provided by this endorsement, "recreational vehicle" means an all-terrain vehicle, dirt bike, dune buggy, golf cart, moped, motorscooter, motorbike or go-kart.
B. The definition of "motorcycle cargo trailer" is replaced by the following:
"Recreational vehicle cargo trailer" means a vehicle that is designed to be pulled by a "recreational vehicle".
"Recreational vehicle cargo trailer" does not include "recreational vehicle transport trailer".
C. The definition of "motorcycle transport trailer" is replaced by the following:
"Recreational vehicle transport trailer" means a vehicle designed to:

1. Be pulled by a private passenger auto,pickupor van; and
2. Transport a "recreational vehicle".
"Recreational vehicle transport trailer" does not include "recreational vehicle cargo trailer".

Analysis

As is common, certain definitions are added to make it clear to the insured how the terms are being used. "Recreational vehicle" is defined as an all-terrain vehicle, dirt bike, dune buggy, golf cart, moped, motorscooter, motorbike or go-kart. It's important to know that while the manual also includes similar vehicles as being eligible for coverage with this endorsement, the form does not actually include similar vehicles. It's most likely that underwriting approval would be needed for a similar vehicle such as an e-bike or something else.

The form then replaces the definition of "motorcycle cargo trailer" with the definition of "recreational vehicle cargo trailer" because the endorsement is being used with vehicles other than motorcycles. "Recreational vehicle cargo trailer" is defined as a vehicle that is designed to be pulled by a "recreational vehicle". A "recreational vehicle cargo trailer" does not include a "recreational vehicle transport trailer", and similarly, a "recreational vehicle transport trailer" does not include a "recreational vehicle cargo trailer". The two are different pieces of equipment – one is designed to carry cargo behind certain vehicles, and the other is designed to transport the vehicles themselves. A "recreational vehicle transport trailer" is a vehicle designed to be pulled by a private passenger auto, pickup, or van, and is used to transport a "recreational vehicle".

D. Paragraph 1. of the definition of "newly acquired motorcycle" is replaced by the following:

1. "Newly acquired motorcycle" means any "recreational vehicle", "recreational vehicle cargo trailer" or "recreational vehicle transport trailer" you become the owner of during the policy period.

E. The definition of "your covered motorcycle" is replaced by the following:
"Your covered motorcycle" means:

1. Any "recreational vehicle" you own shown in the Schedule or in the Declarations.
2. A "newly acquired motorcycle".
3. Any:

a. "Recreational vehicle cargo trailer" you own shown in the Schedule or in the Declarations; or
b. "Recreational vehicle transport trailer" you ownshown in the Schedule or in the Declarations.

4. Any "recreational vehicle", "recreational vehicle cargo trailer" or "recreational vehicle transport trailer" you do not own while used as a temporary substitute for any other vehicle described in this definition which is out of normal use because of its:

a. Breakdown;
b. Repair;
c. Servicing;
d. Loss; or
e. Destruction.

Analysis

The form then modifies the definition of "newly acquired motorcycle" to mean any recreational vehicle, cargo or transport trailer as defined that the insured becomes the owner of during the policy period.
A similar change is made to the definition of "your covered motorcycle"."Your covered motorcycle" is now defined to mean any "recreational vehicle" the insured owns and is shown in the schedule or in the declarations; a "newly acquired motorcycle"; any "recreational vehicle cargo trailer" or "recreational vehicle transport trailer" shown in the schedule or declarations; and any vehicle, cargo or transport trailer that the insured does not own as long as it is a temporary substitute for any vehicle described that is out of normal use due to breakdown, repair, servicing, loss, or destruction.

II. Part A – Liability Coverage

A. Exclusion B.1.of the Exclusions Section is replaced by the following:

1. We do not provide Liability Coverage for the ownership, maintenance or use of any vehicle which is designed mainly for use off public roads.
This exclusion (B.1.)does not apply to a vehicle insured for Liability Coverage under this endorsement.

B. The following exclusion applies under Part A to any vehicle for which the Schedule or Declarations indicates that the passenger hazard is excluded:

Passenger Hazard Exclusion
We do not provide Liability Coverage for any "insured" for "bodily injury" to any person while "occupying" the described "recreational vehicle".

Analysis

The liability exclusions are modified to exclude liability for any vehicle that is designed mainly for use off public roads unless the vehicle is listed on this endorsement. Vehicles listed on the endorsement would be covered. While a dirt bike is designed for use off road, that would be covered if it was scheduled using this endorsement.

The Passenger Hazard exclusion applies to vehicles on the schedule if so indicated on the schedule. An insured can opt to only provide coverage for the driver of a scheduled vehicle while operating it and exclude any passengers. Some insurers could require a passenger exclusion for certain types of vehicles.T wo-wheeled vehicles become overbalanced more easily with more than one person on the vehicle.

III. Part D – Coverage For Damage To Your Motorcycle
The Rider Safety Apparel Additional Coverage is replaced by the following:

Rider Safety Apparel "Rider safety apparel" means apparel designed to minimize injury resulting from a "recreational vehicle" accident. This includes but is not limited to:

A. "Recreational vehicle" helmets;
B. Riding clothing;
C. Riding boots;
D. Riding gloves;and
E. Protective eyewear and earwear;
designed to minimize injury.

"Recreational vehicle" helmets described above include wireless headsets that contain communication devices for use by you or a passenger.
We will pay for direct and accidental loss to any "rider safety apparel":

A. That is worn by you; or
B. After a loss and at your request, that is worn by a passenger;
while "occupying" "your covered motorcycle". We will pay for the loss if the loss is caused by "collision" only if the Declarations indicates that Collision Coverage is provided for that "recreational vehicle".
The most we will pay under this Additional Coverage is $1,000, regardless of the types or number of items damaged in any one loss.
This coverage is additional insurance. No deductible applies to this Additional Coverage.

Analysis

Also modified is the section for Rider Safety Apparel. "Rider safety apparel" is defined as apparel designed to minimize injury that results from an accident on a "recreational vehicle". Rider apparel includes but is not limited to "recreational vehicle" helmets; riding clothing, boots, gloves, and protective eyewear and earwear, all designed to minimize injury if the driver is in an accident.

It's important to know that "recreational vehicle" helmets include wireless headsets that contain communication devices to be used by the driver or passenger of the vehicle. Direct and accidental damage to any "rider safety apparel" is covered as long as the apparel is worn by the driver or, after a loss and at the request of the insured, that is worn by a passenger while occupying "your covered motorcycle". Coverage applies to collision losses only if the declarations indicates that collision coverage is provided for the vehicle that had the accident.

The most paid for safety apparel is $1,000, regardless of the type or number of items damaged in any one loss. If a rider is wearing a helmet, jacket and boots and all the apparel is damaged in an accident and the total value of the gear amounts to $2,000, only $1,000 is paid. No deductible applies to this coverage.

IV. Part F – General Provisions
The following provision is added:
The reference to the Declarations in the Limit Of Liability provisions of the Policy to which this endorsement is attached includes reference to the Schedule of this endorsement. 

Analysis

Under general provisions, the endorsement makes it clear that references to the Declarations in the Limit of Liability Provisions to which this endorsement is attached include reference to the schedule of the endorsement. When an endorsement with a schedule is added to the policy, both the declarations and the endorsement schedule provide essential information that must be considered in event of any loss.

Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU

Christine G. Barlow, CPCU, is Executive Editor of FC&S Expert Coverage Interpretation, a division of National Underwriter Company and ALM. Christine has over thirty years’ experience in the insurance industry, beginning as a claims adjuster then working as an underwriter and underwriting supervisor handling personal lines. Christine regularly presents and moderates webinars on a variety of topics and is an experienced presenter.  

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