C-IV.B · Commercial Casualty Insurance
Garagekeepers: legal liability vs. direct coverage
Garage liability excludes damage to customers' autos in the business's care, so garagekeepers coverage is added for that exposure. It comes on three bases.
Legal liability basis: pays only what the garage legally must pay as damages for a customer's auto in its care. If a car is stolen from a locked lot with no negligence by the shop, the garage is not liable, so the coverage pays nothing and the customer looks to their own insurance.
Direct basis, excess: pays for a covered loss whether or not the garage is at fault, but only over the customer's own collectible insurance. If the customer carries comprehensive coverage, that insurer pays first, and the garage's coverage picks up what remains unpaid.
Direct basis, primary: pays a covered loss regardless of fault and before any insurance the customer carries. Businesses such as valet companies choose it for customer goodwill, because customers never have to claim on their own auto policies.
Remember
· Legal liability: pays only if the garage is legally liable.
· Direct excess: no fault needed, but pays after the customer's own insurance.
· Direct primary: no fault needed and pays first.
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