KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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comment on employer liability for employee personal car
August 24, 2018
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comment on employer liability for employee personal car from August 13, 2018 article
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Ken,
As you noted, Business/Commercial auto should pick up so long as you have Hired & Non-Owned Auto Coverage (HNOA). If you don’t currently carry a commercial auto policy, some GL Policies have an option for you to purchase a sub limited HNOA coverage. The Security America program has this option. We are happy to help with any of these needs (including commercial auto coverage).
Crystal Jacobs,
partners with ESA & SARPG
866-315-3838
usrisk@securityamericarrg.com
www.securityamericarrg.com
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Response
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You have to make sure you have "hired and non-owned auto coverage" as part of your general liability policy. If you have commercial vehicles you may have it; but check. If you don't have commercial vehicles for your employees and you have them driving their own vehicles you need to coverage.
I'll give you an example of how serious this can be. I send an employee to the post office every day to pick up the mail. The employee uses her own vehicle. If she gets into an accident, she is on the job. Her employer, my firm, is vicariously liable to whoever she hurts. I don't expect my employees to carry the coverage limits that I carry; they don't have as much to protect. But allowing them to use their vehicles exposes my firm. We do carry the hired and non owned auto coverage. You need to as well.
I think SARPG offers coverage up to 5 million. I'm not sure the hired non owned auto coverage has those limits, but it would be a good idea to have that level of coverage.
As far as coverage for your general liability with errors and omission coverage, the minimum you should consider is 1 million and you should get the 5 million offered by SARPG, especially if you do commercial fire.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
516 747 6700
www.KirschenbaumEsq.com