QuestionI am a former VP for large Commercial Insurance brokerage - my question is re personal auto:
my son, a lawyer in Atlanta, hires 'nannies' on a regular basis; the 'nannies' are students at GA Tech and are about 19 and 20 yrs old. These 'nannies' drive my son's children 6 and 8 through beltway traffic to and from his former wife's home across town - duration about one hour and usually during rush hour traffic. The 'nannies' use their own car -
Since this is a regular and paid hire would the 'nannies' own coverage - if any - respond or is this a 'livery' situation?
AnswerThis is a question I believe only a court could decide for sure. For example, pizza delivery drivers who get in a wreck, their personal liability policy covers it in most cases, which is a little against what I would think the public would say.
Let me also say that I only found this question by reviewing my statistics and question pool, so I don't know how old it is. . I am sorry for any delay, I just didn't get a notice that the question was pending.
I would tend to agree that the nanny would be the primary party responsible for the actions of driving the vehicle, but it would certainly depend upon whether she got paid specifically for driving or if there was any formal written agreement clarifying the employer / employee or independent contractor relationship. In the absence of a written contract and if I were on the jury, I would think the nanny knew that driving might be required so she / he should be fully insured and make sure there is no exclusion in their policy that would apply. The common exclusion for driving for a fee wouldn't apply unless driving was the job, in my opinion?
