Commercial Auto Policy (CAP)
Your go-to resource for understanding the unique risks, coverage needs, and underwriting considerations for commercial auto operations — and how Merchants helps protect businesses that rely on vehicles to get the job done.
Commercial Automobile Liability Coverage
The Liability section of our Commercial Automobile Policy provides the following coverages:
Duty to Defend
The insurer agrees to defend any insured against a suit seeking damages or covered pollution cost or expense. The duty to defend ends when the liability coverage limit of insurance has been exhausted by payment of judgments or settlements.
Liability Coverage
The policy provides coverage for all sums an insured legally must pay as damages because of bodily injury or property damage caused by an accident resulting from the ownership, maintenance or use of a covered auto. Coverage is provided up to the combined single limit (for bodily injury and property damage) shown in the policy declarations. Bodily injury means bodily injury, sickness or disease sustained by a person including death resulting from any of these. Property damage means damage to or loss of use of tangible property.
No-Fault (PIP)
No-fault benefits and statutory requirements vary by state. Under no-fault or personal injury protection (PIP), insureds recover damages resulting from auto accidents from their own insurer rather than from the negligent party’s insurer. No-Fault benefits typically include reimbursement for medical expenses, rehabilitation expenses, loss of income, loss of household services the injured can no longer provide, death benefits and funeral expenses.
Pollution
The policy provides coverage for all sums an insured legally must pay as a covered pollution cost or expense caused by an accident resulting from the ownership, maintenance or use of a covered auto. However, the pollution cost or expense is only paid if there is either bodily injury or property damage caused by the same accident.
Uninsured Motorist Coverage
Uninsured motorist compensates an insured for injuries and damages caused by drivers of uninsured autos who are legally liable for the insured’s injuries.
Underinsured Motorist Coverage
Underinsured motorist coverage compensates an insured for injuries or damages caused by drivers of underinsured autos who are legally liable for the insured’s injuries. An underinsured motor vehicle is insured at least to some extent however at the time of an accident the coverage is deficient in some sense. The statutes define the types of deficiency that qualify to trigger coverage. In some jurisdictions the vehicle may be considered underinsured if its coverage limits are less than the amount of damages an injured party is entitled to recover.
Commercial Auto Physical Damage Coverage
The Physical Damage section of our Commercial Automobile Policy provides the following coverages:
Collision
Damage resulting from collision with another object or overturn. Loss is defined as direct physical damage – no consequential damage or loss of use coverage is provided. The limit of insurance is actual cash value (ACV) or the cost of repairing or replacing the damaged property with like kind and quality. A deductible applies.
Comprehensive
Vehicle damage from any cause except the insured’s collision with another object or overturn. Loss is defined as direct physical damage – no consequential damage or loss of use coverage is provided. The limit of insurance is actual cash value (ACV) or the cost or repairing or replacing the damaged property with like kind and quality. A deductible applies.
Most Popular Commercial Automobile Optional Coverages
Merchants Commercial Auto Broad Form Endorsement
- Additional Deductible Provisions
- Airbag Coverage
- Amended Duties in the event of a claim, accident or suit
- Autos Rented by Employees
- BI Redefined (n/a in NY)
- Broad Form Insured
- Customized Furnishings
- Electronic Equipment
- Hired Auto Physical Damage
- Loan/Lease GAP Coverage (n/a in NY)
- Personal Effects Coverage
- Transportation Expense
- Glass Breakage
- Towing and Labor
- Transfer of Rights of Recovery Against Others to us
- Unintentional Failure to Disclose Hazards
- Loss of Use for Attached Specialized Equipment
- Blanket Additional Insured on a Primary and Non-Contributory basis
Garagekeepers Coverage
Provides coverage for all sums the insured must legally pay as damages for loss to a customer’s auto or equipment while the insured is attending, servicing, repairing, parking or storing the car. This includes loss of use.
Hired Auto Coverage
Hired auto means an auto the named insured leases, hires, rents or borrows. Not included are autos leased, hired, rented or borrowed from any of the named insured’s employees, partners, members (LLC) or members of their household. Not included are autos leased, hired, rented or borrowed by an entity other than the named insured, such as an employee.
Non-Owned Auto Coverage
Non-owned auto means an auto the named insured does not own, lease, hire, rent or borrow that are used in connection with the named insured’s business. It includes autos owned by the named insured’s employees, partners, members (LLC), or members of their household – only when the auto is used in the named insured’s business or personal affairs. Includes the auto of anyone other than the named insured used in connection with the named insured’s business.
Drive Other Car Coverage
The purpose of Drive Other Car Coverage is to provide coverage to a driver of an auto that is not owned by either the driver or the named insured.
Broadened Coverage for Covered Autos
In MA, MI, NH, NJ, OH and PA, Pollution Liability Broadened Coverage for Covered Autos extends coverage to Bodily Injury and Property Damage and covered pollution cost or expense relating to discharges of pollutants which are in or upon, being transported or towed by, being loaded onto or unloaded from a covered auto. In NY and VT, the commercial auto policy automatically provides pollution coverage for bodily injury or property damage arising out of the discharge of pollutants.
Individual Named Insured
The individual Named Insured endorsement extends auto liability coverage to family members of the named insured. This coverage applies to private passenger type vehicles only.
Medical Payments
Coverage for medical and funeral expenses from a covered accident can be added to the Commercial Auto policy. Coverage is subject to the limit purchased and shown on the policy declarations. Coverage applies to the named insured while occupying any auto or when the insured is a pedestrian and is struck by any auto. If the insured is an individual, family members are also covered. Also covered are other parties who occupy a covered auto.
Transfer of Rights of Recovery Against Others to Us (Waiver of Subrogation)
The waiver of rights of recovery against others to us or as it’s also called, Waiver of Subrogation, can be added to the Commercial Auto Policy. This endorsement can be added individually however if the Merchants Commercial Auto Broad Form Endorsement is part of the policy, the waiver of subrogation is already included.
Registration Plates Not Issued For a Specific Auto
This coverage is for risks other than auto dealers that possess registration plates not issued for attachment to a specific auto. The endorsement provides liability, no-fault (PIP), Medical Payments and Uninsured Motorist coverage.
Other Optional Coverages
- Towing
- Rental Reimbursement
- Glass Breakage
- Audio, Visual and Data Electronic Equipment
Key Commercial Automobile Exclusions
Care, Custody or Control Exclusion
This exclusion applies to property damage to or covered pollution cost or expense involving property owned or transported by the insured or in the insured’s care, custody or control.
Completed Operations Exclusion
Bodily injury or property damage arising out of the named insured’s work after the work is completed or abandoned is excluded.
Contractual Exclusion
Liability assumed under any contract or agreement is not covered in the Commercial Auto Policy however these are some exceptions: Liability assumed in an insured contract that occurs subsequent to the execution of the contract; Liability that the insured would have had in the absence of the contract or agreement; Any contract or agreement pertaining to the business of the named insured under which the named insured assumes the tort liability of another to pay bodily injury or property damage to a third part or organization.
Expected or Intended Injury
The insurer will not pay for bodily injury or property damage that is expected or intended from the standpoint of the insured.
Handling of Property Exclusion
Bodily injury or property damage resulting from the handling of property before it is moved from the place where it is accepted by the insured, or after it is moved from the covered auto to the place where it is finally delivered is excluded.
Movement of Property Exclusion
Bodily injury or property damage resulting from the movement of property by a mechanical devise (other than a hand truck) unless the device is attached to the covered auto is excluded.
Operations Exclusion
Bodily injury or property damage arising out of the operation of any equipment listed in the definition of mobile equipment is excluded.
Pollution Exclusion
For the states of MA, MI, NH, NJ, OH and PA coverage for bodily injury is excluded when the pollutants are being transported or handled or in the course of transit, or being stored or processed in or upon the covered auto, or before the pollutants are moved into a covered auto, or after the pollutants are moved from the covered auto to the place where they are finally disposed of or delivered.
Racing Exclusion
The commercial auto policy excludes covered autos while used in any professional or organized racing or demotion contest or stunting activity, or while practicing for such contest or activity. It also excludes coverage while the covered auto is being prepared for such a contest or activity.
War Exclusion
The commercial auto policy excludes bodily injury or property damage arising directly or indirectly out of war including undeclared war or civil war; warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
Workers Compensation & Employers Liability Exclusion
The commercial auto policy will not pay for injuries already covered by Workers Compensation. If the insured has assumed liability under an insured contract, the employers liability exclusion will not apply.
Not all coverages may be available in all states and limits may vary by state. For specific details, please refer to the appropriate Merchants form, which can be found in the Company Forms Library on Merchants website.