C-IV.B · Commercial Casualty Insurance
BAP: who is insured and key exclusions
Who is insured: the standard form insures the named insured, anyone using a covered auto with the named insured's permission, and anyone liable for the conduct of an insured. California Insurance Code §11580.1(b)(4) requires an auto liability policy to cover, to the same extent as the named insured, any other person using the vehicle with express or implied permission and within the scope of that permission. Permission does not have to be written. The form leaves out someone working in a business of selling, servicing, repairing, parking or storing autos, unless that business is the named insured's, and §11580.1(b)(4)(B)(ii) allows this. So an independent repair shop's mechanic road-testing the van relies on the shop's own garage insurance.
Workers' compensation: the BAP excludes obligations under workers' compensation law and bodily injury to the insured's employees arising out of employment, and §11580.1(c)(3) and (4) let an auto policy do so. The alternative is a workers' compensation and employers liability policy.
Products and completed operations: the BAP excludes injury or damage arising from the insured's work after that work is completed or abandoned. If a furnace a contractor installed fails a week later and starts a fire, the loss comes from the work, not from using the van. CGL products-completed operations coverage is the alternative.
Pollution: the exclusion is aimed at pollutants carried as cargo or handled before and after transit. Fuel and similar fluids needed for the auto's normal functioning are excepted when they escape directly from an auto part designed to hold them, so diesel leaking from a truck's own tank after a crash stays covered. For cargo pollution, the alternatives are a broadened pollution endorsement for covered autos or separate pollution liability insurance.
Care, custody or control: property owned or transported by the insured, or in its care, is excluded. Section 11580.1(c)(6) lets a California auto policy exclude property transported by, or in the charge of, an insured. A business that hauls others' goods insures them through motor truck cargo or similar inland marine coverage.
Fellow employee: the BAP excludes bodily injury to a fellow employee of the insured arising out of employment. Labor Code §3601 makes workers' compensation the exclusive remedy against a coworker, except for injury caused by the coworker's intoxication or willful and unprovoked physical aggression. In those cases the injured worker may sue the coworker, the employer is not liable for that judgment, and the coworker has no BAP coverage unless an endorsement gives back fellow employee coverage.
Remember
· CA §11580.1(b)(4): permissive users must be covered; auto-business workers may be excluded.
· Exclusion → alternative: employees → WC/EL; completed work → CGL; cargo → motor truck cargo.
· Own fuel leaking from the tank is not excluded pollution.
· Fellow employee: Lab. Code §3601 allows suits for intoxication or aggression; the BAP excludes them unless endorsed.
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