[hit 'send' by mistake!]
It took a while, but I finally confirmed some info on James' , or anyone
else's, legal position (in CA, anyway, but probably elsewhere too),
regarding a fire loss while your car might be temporarily located at a
repair facility.
There are two forms of Liability coverage, which are normally sold as a
Package, to auto repair facilities: Garage Liability, & Garagekeepers
Liability.
Garage Liability covers General Liability issues, like slip-and-falls,
fraud, Bodily Injury/Property damage caused by an employee negligence
while operating a company vehicle, etc., where there is actualy
liability by the employee/ owner, etc...
Garagekeepers coverage applies to damage to customer's cars, due to
actual negligence/ liability of the shop (a fire event, not caused
by/due to the shop's negligence would not be covered by this policy;
this coverage is not provided on a "no-fault" basis.
However, a theory-of-Liability might be pursued regarding the shop's not
having a suitable HALON-type fire extinguisher system, etc...to protect
its customers' cars.
Garagekeepers coverage typically has policy limits which are limited to
an aggregate-amount per Occurrence, and/or a special limit, per car.
HOWEVER, regarding your typical Homeowners policy, there is a 10%
Standard extension of coverage, of your policy limits, for Personal
Property Away from Premises.
A pure "PARTS" car would qualify as being "Personal Property" , and not
a coverage-excluded "motorized vehicle" , IF any parts have been
(previous-to-Loss) removed from it, so that you can demonstrate your
intent to cannabalize it, as being a conglomeration of still-attached
parts, and not being a potentaly driveable, or restorable vehicle.
Its not happening to be currently licensed, or registered, will NOT
make it become a "non-motorized" vehicle: your company will still
regard it as being a (potentially-) motorized vehicle. It's gotta be
missing some cannabalized parts.
SO: all those intact Lawn Ornaments, lying around in your weed-patch,
CAN only be covered by buying a Specialty coverage, like Hagerty, Condon
& Skelly, etc., because your Homeowners coverage will regard them as
being "motorized" vehicle(s) UNLESS: you go out right now (it'll be
dawn, soon) and take a few parts off of them, to demonstrate that they
are only mere "parts" and not "cars".
Hopefully, you have similar car(s) which would NEED the parts that you
would remove from the Lawn Ornaments! Otherwize, it could be a
tough-sell, to your carrier, about using those removed-parts to restore
a non-existent similar car!
So, James' Homeowners policy's Personal Property coverage (or, rather:
10% of that coverage) should be applicable to cover the "Market Value"
actual-cash-value of the lost parts car, which burned-up in the fire
that destroyed the restoration shop.
Proving/demonstrating the Fair Market Value of the Parts-Car can be
tough to do, but, hey, Life's a BEACH, in Koddiforea ...!
Neil Vedder
*************************************************************
To unsubscribe or set your subscription options, please go to
http://lists.psu.edu/cgi-bin/wa?SUBED1=l-forwardlook&A=1
--- Begin Message ---
- From: James <sartana@xxxxxxx>
- Date: Sat, 1 Dec 2007 12:44:45 -0800
Well, it is gone.
For several years I have been
working on my 1959 Custom Royal Lancer 2 door hdtp. It was the one on the cover
of the 2004 Calendar (I think that was the year). It was the two toned blue and
white one. Anyway, it was up at a shop getting the final touchups done on my
frame off restoration. As luck/fate would have it, the fires that we had in
Southern California swept right through the area where the car was and it was
totaled. Nothing restorable. A total loss. I also had a second ’59 CRL that was
being used for parts. Also destroyed. The building collapsed on top of the cars,
the glass melted, the bodies twisted from the heat. Gone. I still had to do
assembly, but I had most of the parts up there with the car.
The shop insurance is not
covering it…calling it an act of God. My insurance, Hagerty, is actually
covering it so that is good news.
The whole thing is very
depressing, obviously. All the work to do the frame off, gone. Two more ‘59’s
lost to history. Money lost that even the insurance does not fully cover. Very
sad.
I did want to thank all those on
the list who have helped me over the years. This has been a great source of
information, parts and general support. I don’t post often but I always read and
so again, I say thanks. I will keep on the mailing list. Even now, I take a peek
to see if there is another 57-60 FL car for sale…...to start the process all
over again. What else can you
do?
James Zurek
San Diego
*************************************************************
To unsubscribe or set your subscription options,
please go to
http://lists.psu.edu/cgi-bin/wa?SUBED1=l-forwardlook&A=1
*************************************************************
To unsubscribe or set your subscription options,
please go to
http://lists.psu.edu/cgi-bin/wa?SUBED1=l-forwardlook&A=1
|
--- End Message ---
|
|
Back to the Home of the Forward Look Network