What are the two types of permissive use
Express permissive use and Implied permissive use
You want to confirm the friend had this at the time of the accident
Express or Implied permission
How can you confirm residency?
Driver's License, Registration address for school, Bills
Who do you need to talk to prior to requesting to deny for regular use
The named insured, Unlisted driver and the agent.
Why do you want to review state statues?
To make sure we are handling claims correctly when it comes to possible denials
What is the difference between Express permission and Implied permission
Express permission is explicitly granted by the car owner verbally or in writing. Implied permission is assumed based on the circumstances, the driver's actions. ( Keys left out in the open )
Insured was tired and asked the ULD to drive home, this is considered
Express permission
Residency
What do you need to confirm to determine if they are a regular user?
The amount of times they have drove the vehicle and when did they start driving. Can not settle for " Often " " Rarely " etc.
When do you want to review the State statues
After you obtain statements from all parties involved. Confirm what coverage issue is on the claim
What is the difference between UW policy review and UW Risk Alert
Policy Review: Asking UW to review to confirm no other policies found
Risk Alert: Want to inform UW of possible additional drivers that need to be added to policy, need to change policy address etc.
The insured was asleep when his friend took the vehicle to go to the store. After speaking with the friend he advised the keys were laying on the table by the door and did not want to wake the insured up. This is considered
Implied Permission
The NI nephew visits twice a year and occasionally borrows the car while in town. What would your next question be?
Clarify the amount of times. What does occasionally mean? How often/ How many times do they drive while in town
Tell us 3 more questions you would ask if someone tells you they drive the vehicle often
- When did you first start
- How often do you drive the vehicle in a week
- What do you use the vehicle for
In Texas, can you deny due to a ULD for Part A or for Part D?
No
What do you do if there is a discrepancy between the NI and ULD statement regarding the usage of the vehicle.
Call both parties back to clarify the amount of time. Ask why was there a discrepancy.
What do you do if the relative was living with the NI prior to policy inception.
Send MM review to see if risk is acceptable.
ULD informs you they use the vehicle daily, and started before the policy inception date. What coverage issues do you now have on the policy
Unlisted Driver
Regular User
Material Misrep
Name 3 financial states
AZ, OR, MO, TX, NM, OK, SC, UT, WI
Why do you want to run Core prefill on the ULD
To confirm there is not additional insurance. We could be Pro Rata or Excess.
What do you want to confirm when speaking with the Named Insured and ULD.
Residency, Relationship, Amount of times they have used the vehicle/ When was the first time they drove the vehicle. Valid Driver's License
Name a state where the policy denies part A coverage in the Relative definition
Ohio, Illinois etc.
When would you consider someone to be a regular user
Open ended question.
What is the Neese Doctrine
It established that Georgia's mandatory motor vehicle liability insurance laws are meant to protect innocent members of the public, and insurers cannot use post-accident driver exclusions to deny coverage if it leaves victims without compensation.