Author: Mike Edwards
 “We’re a little
confused on the liability coverage provided by a 2000 edition ISO Homeowners
Policy for a camper trailer while it is parked at a camp site. In looking at
the coverage form, it seems that the camp site is an ‘insured location,’ under
definition 6.d.: ‘Any part of a premises
:(1) Not owned by an "insured"; and (2) Where an "insured"
is temporarily residing.’
“Would that pick up liability coverage
outside the camper, but not inside? Also, since the camper has a tag and is
registered, would that bring it under the motor vehicle exclusion?”
 You’ve raised several
interesting issues. Let’s look at them one at a time. First, I agree with you
that a camp site where the insured has parked a camper trailer could qualify as
an “insured location” under definition 6.d,. as you noted. In addition,
definition 6.h. would also clearly apply: “Any
part of a premise occasionally rented to an "insured" for other than
business use.”
As to the issue of coverage “outside” the
camper vs. “inside,” I assume you’re distinguishing between an injury that
occurs to someone in the camper, contrasted with an injury that happens to
someone walking around outside the camper, but not involving contact with the
camper itself.
In my view, liability could arise
from: (1) "inside the trailer"; (2) "outside the
trailer," (as in some defect in the steps, a metal screw sticking out of
the siding, etc.); or (3) from the premises ("land") on which
the trailer is sitting (premises could be owned, rented or borrowed)
- and the accident not be related to the trailer.
Coverage for each of these 3 scenarios, as I see it:
Scenarios (1) and (2): Coverage is found in the HO – so long as
the trailer is not hitched to an auto. See further discussion below, regarding
the tag and registration issue you raised.
Scenario (3): Of the three
scenarios above, this is the only one which is linked to the issue of
"insured location." In my view, since liability could arise
separately out of the trailer, or out of the “land” on which the trailer is
parked, only the claim arising out of the “land” would need to be reviewed in
the context of the definition of an “insured location.”
A claim arising solely out of the
trailer is merely a trailer claim, and not one that is connected to the camp
site itself. In other words, I think there is automatic coverage for the rented
camp site premises (such as Lot 5), by virtue of the two parts of the
definition of “insured location” discussed above (6.d. and h.).
Regarding
the issue you raised about the trailer having a tag and registration, this
would only matter in Homeowners Section II if the trailer was hitched to an
auto. When a trailer is hitched to an auto, it is considered within the
definition of “motor vehicle,” and thus within the “motor vehicle” exclusion.
Excerpt
from the Homeowners Policy in question (HO-2000 edition):
SECTION II – EXCLUSIONS
A. "Motor Vehicle Liability" 1. Coverages E and F do not apply to any
"motor vehicle liability" if, at the time and place of an
"occurrence", the
involved "motor
vehicle":
a. Is registered for use on public roads or
property;
DEFINITIONS
7. "Motor vehicle" means:
a. A self-propelled land or amphibious vehicle; or
b. Any trailer or semitrailer which is being
carried on, towed by or hitched for towing by a vehicle described in
a. above.
Also, the Personal Auto Policy provides liability coverage
for "the ownership, maintenance or use of any auto or trailer."
Note in PAP there is no requirement that the trailer be hitched to an auto, and
it doesn't matter if the trailer is owned, rented or borrowed.
By the way, there is an article
on the Virtual University titled "Insuring
Trailers - HO or PAP?" which might also be helpful, if you did not
see it. Within the short article is a link to a longer article analyzing
trailer coverage in both HO and PAP.
Last Updated: April 5, 2016
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