bigdogger
Texas
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Joined: 02/03/2009
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You will need a good attorney, and a lot of luck if they decide to deny the claim. The vehicle was not being operated in the manner in which it was insured. This would be no different than if you bought a car, stated it was for personal use and then used it as a taxi. Any claim resulting from the improper use would be denied. The people that are claiming they should pay the claim and only deduct the additional premium are living in a fantasy world. Insurance is a cut throat business. Risks are rated (charged a premium) based on actuarial data (statistics). Obviously, a rig being used for full timing (acutally for business travel, in this case) has a much higher risk than a rig being used recreationally. That is why rates for full-timing are higher than recreational usage. Insurance works because those higher rates are collected over vast amounts of time in relationship to claims. To say that all is ok by taking a couple hundred of dollars out of a claim because that is the difference between a six month full timer policy and a six month recreational policy is just not accurate. If that was standard operating procedure, why wouldn't everyone just get the absolute cheapest coverage and then say they want to pay the premium difference after they have an accident? This is no different than if you got life insurance on your spouse and claimed they were 25. If they passed away after a year, do you think the insurance company would pay the claim if they found out your spouse was really 85? Would they pay the claim and only deduct the difference in the monthly premium? No, they would deny it completely. Hopefully, she has some documentation regarding telling the agent they were full-timing and the agent telling them not to worry. My guess is this is a shot in the dark your sister is taking to try and get the agent on the hook. Any repectable agent would immediately change the coverage once they were informed of such a change in status. Unfortunately, I think your sister is going to learn a very expensive insurance lesson from Hard Knocks University.
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Sluggo54
Madison, SD
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Joined: 03/10/2006
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"WTTCS: Sluggo, I do not wish to get in a battle of the smarts with you but..."
Nor do I, with you, and I won't. I DO know what my policy covers. The limits in the policy are $300K/$100K. In today's climate, of course I also have an umbrella liability policy.
I'm done.
Sluggo
DH = Bruce, DW = PK, DD = Maggie (Lab, Pointer, Viszla)RIP 4/13/2007
Apprentice Princess = Kaia Grace (Blue Heeler - Wire Haired Terriorist) Thanks, New Nodaway Humane Society, Maryville, MO!
TV = 2005 Chev CC LWB Max & Allie
5'er = 2005 Excel R30CKW
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tony lee
Somewhere around Australia
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Joined: 09/26/2004
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Whatever is on the policy document will be what stands up in court.
Tony
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Dustytuu
Somewhere in the USA
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Joined: 03/16/2004
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GMAC has full timing insurance. You have to ask for it. It cost a little less than the regular GMAC insurance. We have had both, so we know the cost. Also they have full replacement on your coach.
I would recommend people ask for this at the beginning.
* This post was
edited 11/09/09 09:18am by Dustytuu *
2008 dodge 5500, diesel,Laramie, pressure pro. RBW hitch 22K.
2008 Carriage Carri-Lite, 36SBQ, 4 slides,dishwasher,washer/dryer,2 fireplaces
D & D
Two Schnauzers, & cat
http://s6.photobucket.com/albums/y250/Dustytuu/
Criminals prefer unarmed victims!
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Lariat trucker
Sticksville, TX
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I am hesitant to comment on this situation because there seems to be a few missing pieces and it may be because everything we have been provided has been second hand. I have not seen a policy with language that would cause this to be denied based upon a fulltime exclusion. The exclusions I saw dealt with liability claims and medical payments coverages for fulltime exposures. The physical damage coverage does not appear to be contingent on Full Time or Part Time use. Lots of holes on this one.
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priusron
Tx
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Joined: 05/14/2007
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I have a lot of problems with a lot of posts on the thread.
If I sell my home and am moving from Ca to Fl and I am staying in my RV on the way, I have no house, but that does not mean that I am fulltiming. I believe it depends on intent. The sister did notify her agent that she was now fulltiming and he screwed up, probably because he did not know what he was doing. If the ins co states that you have to live in your RV 5 months to be fulltiming, then she was not fulltiming yet. She needs to read her policy.
bigdoger states "Obviously, a rig being used for full timing (acutally for business travel, in this case) has a much higher risk than a rig being used recreationally." This is no more business travel than you driving to work every day. This is not considered business. Her business is nursing. She does not nurse out of the RV. She nurses at the hospital or clinic. The RV is her living quarters and mode of transportation to get to the business. I do home visits, but I do not conduct business out of my truck. It only gets me there.
If I live in my RV for 6 months but still maintain my house, am I considered fulltimming?
Ron
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RAINEYTXX
Texxxas
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Joined: 01/04/2009
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I just read this post and wondered....would the insurance policy on the tow vehicle cover the 5er? If the TV ran into another vehicle and the 5er was damaged. wouldn't the auto insurance cover the physical damage to the 5er? Or at least coordinate benefits between both insurance companies. I am not not talking about any personal belongings but just th damage to the 5er alone slong with the truck...
Whatdya think?
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bigdogger
Texas
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priusron wrote:I have a lot of problems with a lot of posts on the thread.
If I sell my home and am moving from Ca to Fl and I am staying in my RV on the way, I have no house, but that does not mean that I am fulltiming. I believe it depends on intent. The sister did notify her agent that she was now fulltiming and he screwed up, probably because he did not know what he was doing. If the ins co states that you have to live in your RV 5 months to be fulltiming, then she was not fulltiming yet. She needs to read her policy.
bigdoger states "Obviously, a rig being used for full timing (acutally for business travel, in this case) has a much higher risk than a rig being used recreationally." This is no more business travel than you driving to work every day. This is not considered business. Her business is nursing. She does not nurse out of the RV. She nurses at the hospital or clinic. The RV is her living quarters and mode of transportation to get to the business. I do home visits, but I do not conduct business out of my truck. It only gets me there.
If I live in my RV for 6 months but still maintain my house, am I considered fulltimming?
Ron They are using the RV as their home. That is not recreational usage. You can buy insurance and have the rating (underwriting risk which leads to the rate) based on many things. Recreational, part time usage is cheaper than full time coverage because it has less risk, period, end of story. Use the vehicle in another manner and you are in violation of the policy restrictions and can possibly be denied. Check your car insurance. They often ask how far you drive to and from work. They ask if you use your vehicle for business usage. They ask if you have teenage children. They ask if you have had any tickets or accidents. They ask your estimated yearly driving miles. You can even get a lower rate if you state you will drive restricted miles. When you answer these questions, you will notice a statement saying you are truthfully answering these questions and your responses are being used to determine your rating. If you knowingly provide false information, or your situation changes and you do not notify your insurer (usually in writing, just to avoid the he said, she said) you can find yourself in default on your insurance contract and have coverage cancelled or claims denied. You don't get to say I am sorry and pay the difference in coverage and all is forgiven. Forgetting or thinking you didn't need to let them know is not an excuse. You can't forget to tell them you traded the Gremlin for a Ferrari F40 and expect the Ferrari to be covered and you can't claim recreational use for a rig you live in full time and expect them to just say OK if you have a claim. As for living in the rig six months, I don't know your policy, but I bet an examination of the terms will give you your answer. (My policy limits my usage to six months or less per year, I am sure they wouldn't work to hard to prove how much I used it if I had a $10,000 claim, but if I totalled the rig ($250,000 or so) plus had a liability claim of a few hundred thousand more, you can bet an investigator will be digging through my records to see if I opened a hole they could crawl through. I have records of a stick house, so I will win. If you can't prove a bricks and mortar address, I would think you would lose. You can argue intent all day long, but you would be required, in court, to prove that intent. If you didn't have a house and didn't have a contract on a new house, or had history of living in the RV for a job and then moving in the RV to the next job that would be evidence of "full time occupancy" and the insurance company will prevail. They have staffs full of attorneys and investigators who do nothing but argue and prove exclusions, violations, fraud and the just plain "we are not going to pay because". They are very good at their jobs and that is why I opened my first comment with "get a GOOD Attorney" Operative terms GET, GOOD and ATTORNEY. You need to do all three. Not think about a GOOD LAWYER, not GET GOOD advice from this site, Not GET your uncle's dogwalker's aunt's ATTORNEY because he is the same astrological sign as your sister's cat but has never even won a case in traffic court. Sorry I am such a jerk about this, but I have seen many good people financially destroyed because they though they could save a few bucks and rely on the good intentions of insurance companies or thought it was stupid to pay an attorney a few thousand dollars for "something they could do themselves" Self-reliance and self-help are great, but self-lawyering is like self-surgery, it very seldom has the desired outcome. Finally, insurance claims are not wine, they do not get better with age. Get on top of the situation as soon as possible and kill the beast. Good luck.
* This post was
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edited 11/12/09 07:55pm by bigdogger *
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