Key Takeaways
- Commercial Auto policies use symbol-based coverage system (symbols 1-10) defining which vehicles are covered
- Symbol 1 (Any Auto) provides broadest coverage for liability
- Business Auto Policy (BAP) is standard commercial auto form
- Maine commercial vehicles must meet same minimums as personal autos (50/100/25)
- Hired and Non-Owned Auto Liability protects businesses when employees use personal vehicles for work
Commercial Auto Insurance in Maine
Businesses operating vehicles in Maine need commercial auto insurance tailored to business exposures. Commercial policies differ significantly from personal auto policies in coverage, rating, and endorsements.
Business Auto Policy (BAP)
Standard Commercial Auto Form
The Business Auto Coverage Form (CA 00 01) is the foundation of commercial auto insurance:
Policy Structure:
- Section I: Covered Autos
- Section II: Liability Coverage
- Section III: Physical Damage Coverage
- Section IV: Business Auto Conditions
- Section V: Definitions
Coverage Symbol System
The BAP uses numbered symbols (1-10) to designate which vehicles are covered:
| Symbol | Description | Vehicles Covered |
|---|---|---|
| 1 | Any Auto | All autos (owned, hired, non-owned) |
| 2 | Owned Autos Only | Only autos business owns |
| 3 | Owned Private Passenger Autos | Only owned cars, pickups, vans under 10,000 lbs |
| 4 | Owned Autos Other Than Private Passenger | Owned trucks, buses, commercial vehicles |
| 5 | Owned Autos Subject to No-Fault | Autos in no-fault states (not applicable in Maine) |
| 6 | Owned Autos Subject to Compulsory Uninsured Motorists | Autos where UM required (Maine qualifies) |
| 7 | Specifically Described Autos | Only autos listed on schedule |
| 8 | Hired Autos Only | Autos rented/leased by business |
| 9 | Non-Owned Autos Only | Employee-owned autos used for business |
| 10 | Mobile Equipment Subject to Compulsory or Financial Responsibility | Special mobile equipment |
Exam Tip: Symbol 1 (Any Auto) provides the broadest coverage. Symbol 7 (Specifically Described Autos) provides the narrowest coverage—only listed vehicles.
Typical Symbol Usage
| Coverage | Common Symbols |
|---|---|
| Liability | Symbol 1 (Any Auto) - broadest protection |
| Physical Damage | Symbol 7 (Specifically Described) - only scheduled vehicles |
| UM/UIM | Symbol 6 (Owned Autos Subject to UM) |
| Med Pay | Symbol 1 or Symbol 7 |
Reasoning: Businesses want broad liability protection (Symbol 1) but only insure physical damage on specific owned vehicles (Symbol 7) to save premium.
Liability Coverage
Commercial Auto Liability in Maine
Minimum Maine Requirements for Commercial Autos:
- Same as personal autos: 50/100/25
- Many businesses carry much higher limits ($500,000, $1 million, etc.)
- Umbrella policies provide additional liability protection
Covered Exposures
Commercial auto liability covers:
Bodily Injury Liability:
- Injuries to others caused by business vehicle
- Medical expenses, lost wages, pain and suffering
- Legal defense costs (in addition to limit)
Property Damage Liability:
- Damage to others' property
- Vehicles, buildings, fences, landscaping
- Loss of use of damaged property
Hired Auto Liability
When businesses rent/lease vehicles:
Hired Auto Liability (Symbol 8) covers:
- Liability for rental cars, leased vehicles
- Short-term rentals (daily, weekly)
- Long-term leases (1+ years)
Example: Portland business rents van for delivery. Driver causes accident. Symbol 8 hired auto liability responds.
Non-Owned Auto Liability
When employees use personal vehicles for business:
Non-Owned Auto Liability (Symbol 9) covers:
- Employee-owned vehicles used for business purposes
- Business liable for employee negligence while on business
- Protects business (not employee's personal auto policy)
Critical Coverage: Many businesses have significant exposure from employees using personal vehicles for business errands, client visits, etc.
Example: Employee drives personal car to pick up office supplies. Causes accident en route. Business could be liable. Symbol 9 non-owned auto liability protects the business.
Physical Damage Coverage
Collision and Comprehensive (Other Than Collision)
Collision Coverage:
- Damage from collision with vehicle or object
- Upset/overturn of covered auto
- Subject to deductible (typically $500-$2,500)
Comprehensive (Other Than Collision):
- Theft, vandalism, fire
- Glass breakage, falling objects
- Flood, wind, hail damage
- Animal collision (moose, deer)
- Subject to separate deductible (typically $100-$1,000)
Actual Cash Value vs. Stated Amount
Actual Cash Value (ACV):
- Replacement cost minus depreciation
- Most common commercial auto valuation
- Adjuster determines value at time of loss
Stated Amount:
- Business and insurer agree on vehicle value
- Stated in policy schedule
- Loss paid up to stated amount (still subject to ACV if less)
Agreed Value (Endorsement):
- Insurer agrees to pay stated amount regardless of ACV
- No depreciation deduction
- Available for certain vehicles (classic, specialty)
- Higher premium
Commercial Auto Endorsements
Common Maine Business Needs
Drive Other Car (DOC) Coverage:
- Extends coverage to individual drivers
- Covers employee driving any auto (not owned by employer)
- Important for executives, sales personnel
Motor Carrier Coverage:
- Required for trucking companies
- Interstate commerce requirements
- MCS-90 endorsement for federal filing
- Higher liability limits
Employees as Insureds:
- Extends coverage to named employees
- Allows employees to be listed insureds
- Protects employee and employer
Trailers:
- Coverage for owned trailers
- Detached trailers at business location
- Trailers in transit
Maine-Specific Endorsements
Seasonal Adjustment:
- Premium adjustment for seasonal businesses
- Common for tourism industry (summer season)
- Landscaping/snow removal (seasonal operations)
Radius Restriction:
- Lower premiums for local-only operations
- Common radii: 50 miles, 100 miles, 200 miles
- Must be accurate to avoid coverage issues
Maine Commercial Vehicle Types
Common Maine Business Vehicles
| Business Type | Vehicles | Insurance Needs |
|---|---|---|
| Contractors | Pickup trucks, cargo vans, equipment trailers | Liability (Symbol 1), Physical damage (Symbol 7), hired/non-owned |
| Delivery/Courier | Vans, small trucks | High liability limits, hired auto, comprehensive (theft risk) |
| Landscaping | Pickups, trailers, equipment | Seasonal operations, hired/non-owned, tool coverage |
| Tourism | Buses, vans, tour vehicles | High liability, passenger coverage, seasonal adjustment |
| Fishing/Marine | Trucks for transport | Standard commercial auto plus marine coverage separately |
Maine Logging and Forestry
Specialized commercial auto needs:
Exposures:
- Heavy truck operations
- Logging trucks, chip vans
- Rural/unpaved road operations
- Load shifting/securement
Coverage Requirements:
- High liability limits ($1 million+)
- Physical damage with agreed value
- Cargo coverage for loads
- Pollution liability (if hauling chemicals)
Garagekeeper's Legal Liability
Coverage for Auto Service Businesses
Who Needs It:
- Auto repair shops
- Car dealerships
- Parking garages/lots
- Service stations
- Towing companies
What It Covers:
- Damage to customers' autos while in business's care, custody, or control
- Fire, theft, vandalism, collision
- Legal liability for damage to customers' vehicles
Direct Coverage vs. Legal Liability:
| Coverage Type | Trigger | Example |
|---|---|---|
| Legal Liability | Business legally liable | Mechanic damages vehicle during test drive |
| Direct Coverage | No fault required | Customer's vehicle stolen from shop lot |
Maine Garagekeeper Scenario:
Portland auto repair shop has customer's car overnight. Fire damages multiple vehicles in shop. Garagekeeper's coverage pays for customer vehicles.
Trucking and Motor Carrier Coverage
Interstate Commerce Requirements
Federal Requirements (FMCSA):
- Minimum $750,000 liability for general freight
- $5 million for hazardous materials
- $1 million for passenger vehicles (16+ passengers)
- MCS-90 endorsement proving minimum coverage
MCS-90 Endorsement
Endorsement for Motor Carriers:
- Filed with Federal Motor Carrier Safety Administration
- Guarantees minimum federal liability coverage
- Protects public (not truck owner)
- Required for interstate authority
Certificate of Insurance:
- BMC-91 or BMC-91X forms
- Proof of required minimum coverage
- Filed with FMCSA
Workers' Compensation Interaction
When Employee Injured in Commercial Vehicle
Coordination:
- Workers' Compensation: Covers employee injuries in course of employment
- Commercial Auto Medical Payments: May provide additional coverage
- Coordination of Benefits: WC typically primary
Employer Liability:
- WC provides exclusive remedy (employee can't sue employer)
- Exception: Intentional acts or gross negligence
- Commercial auto liability covers third-party injuries
Maine Unique Considerations
Winter Operations
Commercial vehicles face harsh Maine winters:
Coverage Considerations:
- Comprehensive for snow/ice/winter damage
- Increased collision risk in winter
- Towing/roadside assistance
- Rental reimbursement for downtime
Winter Maintenance Businesses:
- Snow removal contractors
- Salt/sand trucks
- Plowing operations
- Seasonal rating options
Coastal and Marine-Related Businesses
Special exposures:
- Boat/yacht transport
- Marine supply delivery
- Fishing industry support
- Tourism shuttles to coastal destinations
Coverage Needs:
- Higher liability for coastal tourism
- Cargo coverage for marine equipment
- Seasonal adjustment for summer tourism peak
What does Symbol 1 (Any Auto) mean in a Business Auto Policy?
What does Non-Owned Auto Liability (Symbol 9) cover?