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Progressive doesn't know who is a resident or isn't .... they draw up a contract for this stuff
Please reference your contract
If you have agreed to in your insurance contract that relatives are insured drivers on your policy and he fits the definition of a relative and that the contract requires you to note them and insure all relatives then that's what you need to do
think of it like this - you can remove a car from the policy - they can quit charging for it - however, if it's shown that it fits the definition of an auto that can be covered they can charge you with a penalty for that auto or just cancel your insurance .... even though they agreed to remove the auto
your contract governs everything
does progressive know that he is a resident in your house or just that you want to delist him from the policy "while he's not living there" or something vague like that?
Progressive doesn't know who is a resident or isn't .... they draw up a contract for this stuff
Please reference your contract
If you have agreed to in your insurance contract that relatives are insured drivers on your policy and he fits the definition of a relative and that the contract requires you to note them and insure all relatives then that's what you need to do
think of it like this - you can remove a car from the policy - they can quit charging for it - however, if it's shown that it fits the definition of an auto that can be covered they can charge you with a penalty for that auto or just cancel your insurance .... even though they agreed to remove the auto
your contract governs everything
does progressive know that he is a resident in your house or just that you want to delist him from the policy "while he's not living there" or something vague like that?
We called them. They told us how to do it. There is no fraud.
follow the contract - especially the portion on "who is an insured" - this will be more telling than whatever is listed on the dec page as far as individuals
the contract is going to respond how it's written to respond
if you get bad advice from your insurance company or insurance representative and that causes you to have an adverse outcome with your policy then you can have recourse against them with an errors & omissions claim - however, you'll need to prove it
I wouldn't just take their word for it, especially if I have no dialogue in writing and absolutely no documentation or proof of their guidance ...... could lead to a game of he said/she said which will then ultimately be ruled by one thing
looks like FL has some really good resources - this is what they say about who is covered
Quote:
The personal automobile insurance policy covers the named insured , spouse, and relatives who reside with the named insured, providing all licensed drivers have been disclosed. The insurance policy may also cover other drivers who have permission to use the automobile. In other words, if an insured loans their vehicle, they are most likely loaning their insurance policy as well.
If the person using the automobile lives with the insured or has regular usage of the automobile, they must be added to the policy. Otherwise, the company may cancel the policy and refuse to pay a claim .
Some automobile insurance policies will not cover a person who is not listed on the policy. Read the policy carefully and/or ask the agent if a permissive user of the vehicle is covered.
also, if you are friendly with a licensed agent in your home state talk to them - they are required to know .... us internet hacks are not (well at least I know that I'm not licensed)
I'm licensed, although not in FL, in about 15 other states, and ALL my carriers in ALL those states would deny coverage. They (as well as Progressive) all offer discounts for exactly this situation, student away at college. If I were to tell a customer otherwise, and a claim was made, they would wish me luck and refer that customer to my individual E&O policy.
Quote:
Originally Posted by Finger Laker
doesn't matter
follow the contract - especially the portion on "who is an insured" - this will be more telling than whatever is listed on the dec page as far as individuals
the contract is going to respond how it's written to respond
if you get bad advice from your insurance company or insurance representative and that causes you to have an adverse outcome with your policy then you can have recourse against them with an errors & omissions claim - however, you'll need to prove it
Exactly. the point is that the lawyers could care less what a representative said or did that contradicts the contract. The contract will prevail. The E&O policy will certainly cover any errors, but they better have that advice in writing, directly attributed to a registered agent.
Quote:
Originally Posted by Finger Laker
I wouldn't just take their word for it, especially if I have no dialogue in writing and absolutely no documentation or proof of their guidance ...... could lead to a game of he said/she said which will then ultimately be ruled by one thing
the insurance contract
I wish I could recall, or had the time to look up, all the court cases related to this that I read about in industry journals. But I can certainly recall that as evidence, they used mail, tax returns, and personal belongings to prove residence, even though the individual (and yes, he was an adult) was temporarily residing somewhere else.
Please just get it in writing, at least you willl be covered under E&O.
Simply claiming him as a dependent on our tax return does not make us responsible for his actions. He is an adult.
That is not what legal precedent dictates, as much as your logic might disagree. The property of this "adult" is also covered under your homeowner's insurance while it is in his dorm, and he has to list your income for all his financial aid applications, and he's probably covered under your medical insurance. Your finances are tied, not just where it benefits you, but also where it doesn't.
Simply claiming him as a dependent on our tax return does not make us responsible for his actions. He is an adult.
quote]
That is not what legal precedent dictates, as much as your logic might disagree. The property of this "adult" is also covered under your homeowner's insurance while it is in his dorm, and he has to list your income for all his financial aid applications, and he's probably covered under your medical insurance. Your finances are tied, not just where it benefits you, but also where it doesn't.
My husband is an attorney and he assures me that if our son does damage to someone else's property it will be his responsibility to make it right.
They (as well as Progressive) all offer discounts for exactly this situation, student away at college.
Can you tell me why the "discount" off of his $3,000 premium was $300? He is living 1200 miles away for 75% of the year and his premium goes down 10%? Seriously? That's not a discount. We are going to take him off the policy. If he can't drive for the 4 days he is home over Thanksgiving then he can't. It isn't worth keeping him on.
We'll add him back when he gets home for the summer.
For any liability that would otherwise transfer back to your insurance policy.
Also for those short periods of time when he's back on break and you aren't going to add him back to your policy - could be a massive gap there.
As for property damage/liability on a broad context it's really going to depend .... however if he gets a little frisky at campus and busts a window or door the school is going to bill you for it and hold you financially accountable.
In general children over 7 are going to be responsible for their own torts - a dependent child can have their wages garnished, etc.
However, since it can be hard to recover many states have circumstances where parents can become financially responsible for phsyical damage by their children .... with a real brief look it appears that FL severs this at age 18 (statutes 322.09 & 741.24)
However, that is a nice conversational aside and really doesn't have any bearing to potential questions/issues with auto coverage and the contract that you signed with your insurance company
While there may be no law that says you are always responsible for the actions of your college aged son - if you sign a contract and assume that liability in your policy then it's a different story ... that is what you need to watch for
Also, if you husband is an attorney even more reason to read the insurance contract - this cannot be understated .... not sure why you would rely on a brief conversation at "1-800-telerep" when you have access to your full contract and an attorney in house
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