![]() (b) Any other four-wheel motor vehicle with a load capacity of one thousand five hundred (1,500) pounds or less which is not used in the occupation, profession or business of the named insured, other than farming: Provided, That the term "policy of automobile liability insurance" shall not include policies of automobile liability insurance (1) issued through the Kansas automobile assigned risk plan, (2) insuring more than four automobiles, nor (3) insuring the automobile hazard of garages, automobile sales agencies, repair shops, service stations or public parking places. (a) A motor vehicle of the private passenger or station wagon type that is not used as a public or livery conveyance for passengers, nor rented to others So, it would not apply in the case of the insured routinely picking up co-workers on his way to work who then contribute to the insured’s travel expenses.Cancellation of automobile liability insurance definitions.Īs used in this act: "Policy of automobile liability insurance" means a policy insuring against the liability of the insured for the death, disability or damages of another and against loss or damage to the property of another, arising from the use of an automobile that is issued to cover the following types of automobiles owned by an individual or by husband and wife, including automobiles hired under a long term contract and written on a specified car basis: ![]() (Note that the exclusion does not apply to share-the-expense car pools. The exclusion is intended to be applied in those situations where it is obvious that the insured is holding the vehicle out for hire to the general public for example, using a vehicle in a limousine service or using it as a taxicab. This is in keeping with the legal definition of livery conveyance that states that such a conveyance is a vehicle hired out and used indiscriminately in conveying the public or objects without limitation or without being governed by special terms. The purpose of the exclusion is to deny coverage in those situations when the vehicle is used for hire or held out for hire to the general public the exclusion applies when the insured makes the vehicle available for use by the general public or attempts to make a profit through the hiring out of his vehicle. For a discussion of the public or livery exclusion, see Personal Auto Policy – Part A. This exclusion appears in all the coverage parts of the PAP namely, the liability coverage part, the medical payments coverage part, the uninsured motorists coverage part, and the part dealing with coverage for damage to the named insured’s auto. A taxi service and a delivery service would. Incidental use in an insured’s sideline business can be an exception to this exclusion. This coverage is excluded under the personal auto policy (PAP). Since that phrase resulted in some confusion and conflicting judicial interpretations over the question of coverage, the current personal auto policy (PAP) returned to the use of the phrase “public or livery conveyance”. The transporting of people and/or goods for hire, such as by a taxi service, motor carrier, or a delivery service. This public or livery exclusion was, for awhile, reworded in the personal auto policy to state that coverage did not apply to “liability arising out of the ownership or operation of a vehicle while it is being used to carry persons or property for a fee”. Rates for private passenger automobile insurance do not anticipate the hazards inherent in operating an automobile for hire to the general public, such as a taxicab or a van for this reason, private passenger automobile policies in the past customarily excluded coverage for any automobile “while it is being used as a public or livery conveyance”. Topics covered: Purpose of exclusion Common c oncerns This article discusses the exclusion, court cases that have interpreted the exclusion, and concerns about the exclusion that insureds and insurers face. Summary: Questions about the application of the public or livery conveyance exclusion on the personal auto policy have been raised, regardless of whether the policy is an older version or the current one. Exclusion in Private Passenger Auto Policies
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