7.3 Part F: General Provisions, Endorsements, and No-Fault Concepts
Key Takeaways
PAP policy territory is the US, its territories/possessions, Puerto Rico, and Canada - Mexico is excluded and needs a separate policy.
Other insurance is pro rata for owned autos but excess for non-owned autos; subrogation lets the insurer recover from the at-fault party.
After 60 days the insurer may cancel only for nonpayment, license suspension/revocation, or material misrepresentation; nonrenewal requires advance notice.
Common endorsements include towing/labor (PP 03 03), extended non-owned (PP 03 06), miscellaneous-type vehicle (PP 03 23), and ride-sharing (PP 23 40).
No-fault states use PIP for first-party injury benefits regardless of fault, with monetary or verbal tort thresholds gating the right to sue.
Part F: General Provisions, Endorsements, and No-Fault Concepts
Part F - General Provisions contains the policy-wide rules that govern how the entire PAP operates: where coverage applies, how disputes are litigated, what happens when other insurance exists, how the insurer recovers from at-fault parties, and how the policy is changed or ended. This section also surveys the most common PAP endorsements and the no-fault framework many states overlay on the auto policy.
Core Part F Provisions
- Policy Territory. Coverage applies in the United States, its territories and possessions, Puerto Rico, and Canada, and during transport between their ports. Mexico is excluded - the trap answer is that a weekend drive into Mexico is not covered without a separate Mexican auto policy or endorsement.
- Bankruptcy or insolvency of the insured does not relieve the insurer of its obligations.
- Legal Action Against Us. No suit may be brought until the insured has fully complied with policy terms; for liability, the insurer's obligation must first be determined.
- Our Right to Recover Payment (Subrogation). After paying a loss, the insurer steps into the insured's rights against the responsible party. The insured must do nothing to impair that right.
Other Insurance and Termination
Other Insurance. If other applicable physical-damage insurance exists, the PAP pays only its share - the proportion the policy's limit bears to the total of all applicable limits (pro rata). For a non-owned auto, the PAP is excess over any other collectible insurance.
Termination. Cancellation and nonrenewal rules vary by state, but the PAP framework provides:
- The insured may cancel anytime by returning the policy or giving notice.
- The insurer's right to cancel is restricted after the policy has been in effect 60 days - thereafter cancellation is generally limited to nonpayment of premium, suspension/revocation of a driver's license, or material misrepresentation.
- Nonrenewal requires advance written notice (commonly 20-30 days, set by state law).
Worked example (pro rata other insurance). Two policies cover the same damaged owned auto: Policy A with a $20,000 applicable limit and Policy B with $30,000. The loss after deductibles is $10,000. Policy A pays its share of the total $50,000 of limits: 20,000 / 50,000 x $10,000 = $4,000; Policy B pays 30,000 / 50,000 x $10,000 = $6,000. (In practice anti-stacking and primary/excess rules often override pure pro rata, but the pro-rata math is the testable concept.)
An insured drives the covered auto from Texas into Mexico for vacation and is in a collision. Under the unendorsed PAP, physical-damage coverage:
Applies because Mexico borders the policy territory
Does not apply because Mexico is outside the policy territory
Applies only for the first 30 days in Mexico
Applies because Texas requires international coverage
Common PAP Endorsements
- Towing and Labor Costs (PP 03 03) - reimburses towing and on-site labor (no parts) up to a small per-disablement limit.
- Extended Non-Owned Coverage (PP 03 06) - broadens liability for a named individual who drives furnished/available autos (e.g., a company car) not insured under the PAP.
- Miscellaneous Type Vehicle (PP 03 23) - extends the PAP to motor homes, motorcycles, ATVs, and golf carts.
- Joint Ownership Coverage (PP 03 34) - allows a policy for two non-relatives or more than two relatives who jointly own a vehicle.
- Ride-Sharing / TNC (PP 23 40) - restores coverage during the gig periods otherwise barred by the livery exclusion.
- Customized Equipment / Coverage for Audio and Visual - schedules non-factory equipment above the small built-in limit.
No-Fault Concepts and Personal Injury Protection (PIP)
Roughly a dozen states operate under some form of no-fault auto law. Under no-fault, each driver's own insurer pays that driver's Personal Injury Protection (PIP) benefits - medical expenses, a percentage of lost wages, and a death benefit - regardless of who caused the accident. The goal is to reduce litigation over minor injuries. PIP is typically mandatory in true no-fault states and added by the No-Fault / PIP endorsement rather than appearing in the base PAP.
| Concept | What it does | Where it appears |
|---|---|---|
| PIP / no-fault | First-party medical, wage, death benefits regardless of fault | No-fault state endorsement |
| Tort threshold | Limits when an injured party may sue (monetary or verbal/serious-injury threshold) | State no-fault statute |
| Add-on no-fault | PIP added but right to sue is NOT restricted | Some states |
| Choice no-fault | Insured elects no-fault vs. traditional tort at purchase | NJ, PA, KY |
Tort Thresholds - The Lawsuit Gatekeeper
In a true no-fault state, an injured person may step outside the no-fault system and sue the at-fault driver only when the injury crosses a threshold. A monetary threshold requires medical bills above a set dollar figure (e.g., $2,000). A verbal (descriptive) threshold requires a serious injury - death, dismemberment, significant disfigurement, or permanent loss of a body function. Verbal thresholds are designed to limit litigation more effectively than monetary ones, which inflation erodes. Knowing the difference between monetary and verbal thresholds is a reliable exam point.
In a no-fault state with a VERBAL tort threshold, an injured driver may sue the at-fault party for pain and suffering when:
Medical bills exceed a fixed dollar amount such as $2,000
The injury qualifies as serious - e.g., permanent disfigurement or loss of a body function
Any time, because no-fault never restricts the right to sue
Only if the at-fault driver was uninsured
Putting Part F to Work
Think of Part F as the operating manual for the whole PAP: it sets the territory (no Mexico), preserves coverage despite bankruptcy, channels lawsuits and subrogation, allocates other insurance pro rata (excess for non-owned autos), and governs cancellation/nonrenewal with the 60-day cutoff. Layered on top, no-fault/PIP rules - mandatory in no-fault states - change who pays first-party injury costs and when an injured party may sue, controlled by the monetary-versus-verbal tort threshold.
Sections you finish are checked off in the contents.