C-III.C · Personal Auto
The ISO PAP: eligibility and who is an insured
The exam teaches the ISO Personal Auto Policy (PAP) as the model, but California insurers file their own forms, so the policy a consumer buys can differ. One California example: under Insurance Code §11580.1(d)(1), the insurer and a named insured can agree in a signed writing that coverage will not apply while a person designated by name drives. That agreement binds every insured and every third-party claimant, and it applies to all coverage under the policy, not just physical damage.
Eligibility: the PAP is built for private passenger autos, and qualifying pickups or vans, owned by individuals for personal use. Business delivery, carrying passengers for a charge and heavy commercial trucks belong on commercial auto forms. A taxi owned by one person is still a problem, because of its public or livery use.
Who is an insured: the named insured and a resident spouse (together called "you"), family members, and any person using the named insured's covered auto. The CDI outline puts it simply: any person qualifies as an insured while using a covered auto. California law speaks of permissive users (Vehicle Code §16451 and Insurance Code §11580.1(b)(4)), so the driver needs permission but does not need to be listed on the declarations. A named-driver exclusion is the California limit on this rule.
Separated spouse: under the ISO definition, a spouse who stops living in the household stays within "you" only until the earliest of: - 90 days after the change of residence - the start of another policy naming that spouse - the end of the policy period Status does not end on moving day, and it does not run until a divorce decree.
Remember
· PAP = private passenger autos (and qualifying pickups or vans) owned by individuals for personal use.
· Any person using a covered auto (with permission) is an insured; §11580.1(d)(1) named-driver exclusion binds all claimants.
· Separated spouse stays "you" until the earliest of 90 days, own policy, or policy expiration (ISO).
CA
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