Don,
I will venture my humble opinion on your question, which is a good one. The
question is good -- not necessarily my opinion. :-) It is an important
question, and I hope it merits my talking too much.
One should never depend upon vague ambiguous general words in the
boilerplate of insurance policies to cover some relatively unusual loss
which may be sustained. Although a lawyer may quote you some foolishness
about ambiguous boilerplate being interpreted by the courts adversely to the
ones who wrote it, that is, the insurance company, I defy you to find a
lawyer who can answer your questions on the basis of only reading your
policy and thereby put his reputation on the line. Besides, this rule is
one for judges, and judges do not get involved unless you get into court,
and that is expensive. (Why am I saying this? -- this is how I make my
living).
If you have a question about what your insurance policy, or a policy you are
considering purchasing, means, ask the people selling you the policy. Have
them put the answer in writing. In general you will not be able to get the
insurance company itself to do this unless you are dealing with other than
the big run-of-the-mill company, but sometimes you can find an agent/broker
dumb enough to give you a written opinion. If you cannot get a written
opinion then they have told you something -- they have told you something
very important which you should be listening to carefully. Also, even if
you get a written opinion from an agent/broker you may, repeat "may," in the
final analysis, be depending upon the protection given by his personal
assets, rather than those of the insurance company.
Don't forget that you have things at risk when you run your little elderly
car around a race track other than just the value of the car itself. Race
cars, even those with modern bits and pieces making them go and stop, have
injured and killed innocent bystanders -- and they have done this after the
driver did something dumb.
Bottom line -- if you have a serious question such as you have asked here
see your lawyer. I am making only general observations in an incomplete
factual situation, and you certainly must not rely on my scribbling as legal
advice -- consult your own lawyer. You may be glad some day.
All the best,
Jim Brown
Houston
-----Original Message-----
From: DonJQueen@aol.com <DonJQueen@aol.com>
To: DWhitesdJr@aol.com <DWhitesdJr@aol.com>; vintage-race@autox.team.net
<vintage-race@autox.team.net>
Date: Wednesday, July 28, 1999 10:58 AM
Subject: Re: Collector Car Insurance Advice
>In a message dated 07/28/1999 7:45:34 AM Pacific Daylight Time,
>DWhitesdJr@aol.com writes:
>
><< As a lawyer, I do a considerable amount of insurance coverage dispute
>work,
> and I see way too much litigation over misunderstandings like the one Don
> has. My advice would be to go to a pro who specializes in these types of
> risks. Parish Insurance and Heacock Insurance are the top pros in vintage
> race and specialty car coverage.
> >>
>
>This is a great discussion. I've been in the insurance business for almost
40
>years and apparently even I, "the self appointed expert", have the terms
>reversed.
>
>The important part is that the terms are discussed and understood by the
>readers of this list.
>
>Another issue that merits clarification is where the "competitive event"
>begins. In the parking lot ? The paddock?, pregrid?. Are parade laps by
clubs
>covered?
>
>Don Queen
>56/64 Alfa Spider
|