Business Auto Policy Covered Auto Designation Symbols

April 2005

Illinois, Arizona, and Louisiana have expanded uninsured motorist/underinsured motorist (UM/UIM) coverage to hired and nonowned autos. This influences which covered auto designations should be used.

by Maureen McLendon
IRMI

A subscriber recently posed a question concerning the appropriate business auto policy (BAP) covered auto designation symbol(s) to indicate uninsured motorist/underinsured motorist (UM/UIM) bodily injury coverage for hired and nonowned autos in Illinois, as required pursuant to the Illinois Appellate Court decision in Harrington v American Family Mut. Ins. Co., 332 Ill App 3d 385, 773 NE2d 98 (2002). Since Illinois autos are subject to a compulsory UM law, Symbol 6 (owned autos subject to a compulsory uninsured motorist law) is the usual symbol used to denote such coverage.

The “problem” is twofold—that Symbol 6 applies only to autos the named insured owns or acquires, and that Symbols 8 (hired autos only) and 9 (nonowned autos only) were not contemplated by Insurance Services Office, Inc. (ISO), for use with UM/UIM, according to a circular issued a number of years ago.

Keep in mind that the ISO circular was issued as a guideline, and that at the time it was issued, UM/UIM statutes and case law were much less broad than they are today. Consequently, there was no need for designating hired autos and nonowned autos as covered autos for uninsured motorists or underinsured motorists.

Illinois is the third such state to expand UM/UIM coverage to hired and nonowned autos. Arizona, while allowing insureds to reject coverage, nevertheless requires coverage for all autos on the policy if coverage applies at all. Louisiana also requires UM/UIM bodily injury coverage for hired and nonowned autos if they are covered for liability coverage under the policy (unless it is rejected for all covered autos). Using a combination of Symbols 8 (hired autos only) and 9 (nonowned autos only), together with Symbol 6, is the correct approach for Illinois; and a combination of Symbols 2 (owned autos only), 8, and 9 would be appropriate for Arizona and Louisiana.

Look for more discussion of these matters, especially as respects no-fault coverage, in upcoming supplements to Commercial Auto Insurance.


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