What Is It?
Personal liability insurance protects your assets if you injure another person or damage someone else's property. It's known as third-party insurance because it protects you if a third party files a claim against you. If you are found legally responsible for causing an injury or property damage, your personal liability insurance will provide a legal defense, if necessary, and pay the claim up to the limits of the policy. Personal liability insurance can be purchased as part of a package policy (such as a homeowners or automobile insurance policy) or as a separate policy (such as a personal umbrella liability policy).
Determining Your Need for Personal Liability Insurance
Do You Need Personal Liability Insurance?
Some people mistakenly believe that personal liability insurance is necessary only if you are wealthy (and more likely to be sued because you have more assets than most people) or if you are reckless. However, we'd like to remind our clients from Penske Automotive Group that accidents can happen anywhere or to anyone. You may, for instance, hit a bicyclist while driving to your job at Penske Automotive Group, or accidentally spill hot coffee on your neighbor's arm. Your cat may scratch your neighbor's car or your friend may fall down your icy stairs. No matter how careful you are, you may one day be sued because you injured someone or damaged someone's property. Although you can't avoid all accidents, we'd like to show our clients from Penske Automotive Group how they can transfer some of the financial risks they face to an insurance company by buying personal liability coverage.
Tip: Liability coverage under your policy may extend to your relatives as well. For instance, your father may be covered if he drives your car and injures another driver. Or, if your child accidentally breaks your neighbor's window, your policy may pay the damages resulting from the claim. Check your liability policy to determine how it defines a relative because the definition varies from policy to policy.
How Much Personal Liability Coverage Do You Need?
You probably need more liability coverage than you think you do, even if you have few assets to protect. Lawsuits and claims are being filed more frequently than in the past, and the cost of defending yourself may be high. If you have no liability insurance, you will likely have to pay the entire cost out of pocket. If you do have liability insurance, your insurance company might settle out of court because, in a major suit, your insurer's legal fees can exceed your policy's liability limit. In addition, juries frequently award damages that exceed the actual monetary amount of damage done. They award money for pain and suffering, mental anguish, and punitive damages. Even if you have liability insurance, you may find yourself owing money if court-ordered damages against you exceed the liability limits of your policy. If you don't have the money to pay damages now, your future earnings and assets may be subject to liens and/or garnishment.
Because there's no optimum amount for every individual, how much personal liability coverage you need depends partly on your tolerance for risk. Can you afford to pay the cost of a claim out of pocket or would even a small claim threaten your finances? For our Penske Automotive Group clients who already have liability coverage, take a look at your current policy. Determine whether your liability limits are high enough, or if there are any coverage gaps you'd like to fill (see below for more information on coverage under typical personal liability policies).
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Basic Liability Protection Under a Homeowners or Automobile Insurance Policy
If you own a homeowners or automobile insurance policy or another type of property insurance (e.g., mobile home insurance or renter's insurance), you have basic liability coverage. These policies will protect you against many liability claims. Your insurance company will defend or settle claims and lawsuits brought against you and pay the sum owed for covered damages (bodily injury or property damage) up to the liability limits of the policy (usually $100,000 to $300,000 per occurrence). No deductible applies. If you want maximum liability coverage or if you want broader coverage, consider purchasing a personal umbrella liability policy (see below).
Tip: Bodily injury and property damage liability insurance for automobile owners is often mandatory under state law, although a few states don't require you to carry even basic automobile insurance. When required, mandatory minimum liability limits are usually low ($40,000 per accident is common). Bodily injury and property damage liability insurance for automobile owners is usually sold with split limits (e.g., $100,000/$300,000/$50,000), which means that your policy provides coverage up to $100,000 for any one person you injure, $300,000 for all the people you injure, and up to $50,000 for property damage.
Comprehensive Personal Liability Insurance Coverage Under A Personal Umbrella Liability Policy
What Is A Personal Umbrella Liability Policy?
A personal umbrella liability policy supplements the basic liability protection you already have by insuring you against large losses or losses not covered under your other personal liability policies. Although an umbrella policy is often added to existing homeowners or automobile policies, it can also be purchased as a stand-alone policy from a different insurer. In either case, your insurer will ordinarily require you to carry basic liability insurance with certain minimum limits.
Example(s): Before his insurance company would issue him a $1 million umbrella policy, Hal had to raise his homeowner's insurance liability limit to $100,000 and his automobile insurance liability limit to $100,000/$300,000/$50,000.
Higher Liability Limits than Basic Liability Coverage
One reason for Penske Automotive Group employees and retirees to consider purchasing a personal umbrella liability policy is that it will provide you with a higher amount of liability coverage than a basic liability policy. Umbrella liability policies are normally issued with a liability limit of $1 million per occurrence. However, the umbrella policy may pay numerous claims of $1 million each per policy period, so your actual protection may be more. Some companies set limits, however, on how much can be paid out during the policy period or over a lifetime.
A common limit is $10 million. Since an umbrella liability policy is issued in conjunction with basic liability coverage, your total liability protection will be the combined limits of each policy. For instance, if you have an auto policy with a liability limit of $100,000 and a $1 million umbrella liability policy, then your total liability protection will be $1,100,000.
Broader Coverage than Other Types of Liability Insurance
An umbrella liability policy will protect you from losses not covered under basic liability insurance. It covers you against damages for unusual occurrences, including personal injury losses due to libel, slander, wrongful eviction, false arrest, and invasion of privacy. Your umbrella liability policy might also pay for damages incurred worldwide. In addition, an umbrella policy might pay a proportionate share of a claim even if your basic liability insurance policy cannot pay its portion, either because you failed to comply with the conditions of the policy or because the company itself has become insolvent.
Claims Are Paid Under an Umbrella Policy Only After Basic Liability Coverage Is Exhausted or Unavailable
If you have purchased an umbrella liability policy, it will pay a claim in one of two main ways after you have satisfied a deductible:
- If you are found legally responsible for injuring someone or for damaging property, your umbrella policy will pay that part of the claim in excess of the liability limits under your basic liability coverage
Example(s): Hal purchased a homeowners insurance policy (with liability coverage of $100,000) and a $1 million umbrella liability policy. When Hal's swimming pool sprang a leak and caused $25,000 worth of damage to his neighbor's yard, Hal's homeowner's insurance paid the total claim. However, when Hal was sued after a rotting oak tree on his property toppled and injured his neighbor's daughter, his homeowner's liability coverage paid only the first $100,000 in damages (the liability limit on his policy). The remaining $900,000 of the court-ordered settlement was paid by Hal's umbrella liability policy.
- Your umbrella liability policy will pay total damages for bodily injury and liability if the liability exposure is not covered under your basic liability coverage but is covered under your umbrella policy
Example(s): Hal borrowed his brother's lawnmower and ran over his neighbor's deaf cat that was napping in the yard. Because the damage was caused by non-owned property in Hal's care (which is specifically excluded from his homeowner's policy liability coverage), Hal's personal liability umbrella policy paid the $1,500 veterinary bill.
Caution: Although a personal umbrella liability policy is sometimes called excess personal liability insurance, it is really not the same thing. Excess liability insurance typically provides additional coverage only if the basic policy provides coverage as well, whereas an umbrella liability policy will provide coverage that is sometimes different than that provided under the basic liability policy.
What Personal Liability Insurance Does Not Cover
Although a personal umbrella liability policy covers more types of hazards than basic personal liability policies, no personal liability insurance policy will protect you against every loss you might face. All types of personal liability insurance generally exclude the following:
- Claims stemming from the insured's business or profession (some types of business activities may be covered under a homeowners or automobile policy, so it's important for Penske Automotive Group employees to check their policy)
- Claims resulting from the insured acting intentionally to cause injury or damage
- Damage to property owned by the insured
Other common exclusions under a homeowners policy are damage caused by communicable diseases and acts of war. An automobile policy might exclude accidents and losses that occur overseas or while a vehicle is in transport. Umbrella policies often exclude liability losses related to aircraft, damages caused by watercraft not covered under your homeowners policy, or injuries suffered by someone covered by workers' compensation.
Questions & Answers
Can Anyone Purchase A Personal Umbrella Liability Policy?
Many Penske Automotive Group employees are curious to know if anyone can purchase this policy. No. It's the underwriter's job to determine who may purchase a personal umbrella liability policy. Once an individual has applied for the policy, the underwriter will evaluate the application and may reject applicants who pose an undue risk to the company. For instance, broadcasters may be denied coverage because they face a high risk of claims alleging personal injury. Politicians and actors may be denied coverage because their jobs expose them to publicity. Individuals whose property poses a hazard (such as someone who owns an unfenced swimming pool) may also be denied coverage.
Is A Personal Umbrella Liability Policy Expensive?
Another question we receive from our clients from Penske Automotive Group is in regards to how expensive the policy is. In relation to the coverage offered, it's not very costly! An umbrella liability policy will generally cost between $150 to $300 per year and will significantly expand liability coverage (typically $500,000 to $1 million of coverage). However, you may also pay more for your homeowners or automobile coverage if you are required to increase your policy limits.
What are the specific eligibility criteria for participation in the Penske Cash Balance Plan, and how can employees of Penske ensure they meet these requirements as they work towards retirement? Furthermore, how does the plan address the transition from being a participant to receiving benefits once the eligibility criteria are met?
Eligibility Criteria: Employees of Penske automatically become participants in the Penske Cash Balance Plan after completing a year in which they work 1,000 or more hours, as long as they are in an eligible group. To ensure they meet the eligibility requirements, employees should confirm they meet these conditions annually and consult the Summary Plan Description for details(Penske Cash Balance Pla…).
In what ways does the Penske Cash Balance Plan differentiate itself from traditional defined contribution plans, and how can employees of Penske navigate the choices available to them, including lump sum distributions and annuities? Additionally, what implications do these options have for long-term financial planning for retirement?
Plan Differences: The Penske Cash Balance Plan is a defined benefit plan, offering benefits similar to a defined contribution plan but providing additional options like lump-sum distributions and annuities. Employees should carefully evaluate these options, as lump sums provide immediate access to funds, while annuities ensure steady long-term payments. Both choices impact long-term financial stability(Penske Cash Balance Pla…).
How does the concept of vesting apply to the Penske Cash Balance Plan, and what are the steps that employees of Penske should take to ensure they understand their rights to these benefits prior to retirement? Furthermore, what resources are available to help employees fully grasp the nuances of vesting in relation to their individual situations?
Vesting: Vesting refers to an employee's right to receive benefits even if they leave Penske before retirement. Employees must meet specific requirements to become vested, and they can consult the Brief Plan Summary to fully understand their rights(Penske Cash Balance Pla…).
What mechanisms does the Penske Cash Balance Plan have in place to ensure that employees can trust they will receive their benefits? How does this assurance interact with projected benefits and calculations provided through DB Online, and what should employees of Penske do if they have concerns about the accuracy of their benefit estimates?
Benefit Assurance: Benefits from the Penske Cash Balance Plan are paid from a trust fund established by the company and insured by the Pension Benefit Guaranty Corporation (PBGC). Employees can rely on the trust fund and the PBGC for benefit security, and should contact the Customer Contact Center if they have concerns about benefit estimates(Penske Cash Balance Pla…).
How are pension benefits from the Penske Cash Balance Plan typically taxed, and what strategies can employees of Penske implement to manage tax implications effectively during their retirement planning? Moreover, what are the possible ways to minimize taxes on lump sum distributions compared to annuity payments?
Taxation: Benefits from the Penske Cash Balance Plan are generally taxed as ordinary income. Employees can manage taxes effectively by rolling over lump-sum distributions to an IRA to defer tax payments. Careful consideration of lump sums versus annuities can minimize taxes over time(Penske Cash Balance Pla…).
What are the various forms of payment options available under the Penske Cash Balance Plan, and how should employees of Penske evaluate their choices regarding life annuities versus lump sum payments? Additionally, how do these payment options affect short-term and long-term financial stability in retirement?
Payment Options: Employees can choose between lump-sum payments and various types of annuities. Evaluating these options is essential for balancing short-term and long-term financial goals, as lump sums offer immediate liquidity, while annuities provide lifetime payments(Penske Cash Balance Pla…).
In the event of a divorce or separation, what specific procedures must employees of Penske follow to protect their pension benefits, and how does a Qualified Domestic Relations Order (QDRO) impact these benefits? What guidance does the Penske Cash Balance Plan provide to ensure that the division of assets is conducted appropriately?
Divorce and QDRO: In the event of a divorce, employees must obtain a Qualified Domestic Relations Order (QDRO) to divide their pension benefits. This court order ensures that the division is legally recognized, and employees should refer to plan procedures for guidance(Penske Cash Balance Pla…).
How can employees of Penske prepare for the multitude of decisions they need to make as they approach retirement, and what resources does the company offer to assist in this decision-making process? Additionally, how do the various teams and services provided by Penske streamline the retirement transition for its employees?
Retirement Preparation: Penske offers specialized retirement counseling and customer support services to help employees navigate retirement decisions. These resources can assist employees in making informed choices and smooth their transition into retirement(Penske Cash Balance Pla…).
What are the major types of annuities offered by the Penske Cash Balance Plan, and how should employees of Penske assess the suitability of these annuity options for their personal retirement needs? What does the company recommend in terms of beneficiaries and their implications for future payments from the plan?
Annuity Options: Penske offers various annuities, including life annuities and joint survivor annuities. Employees should assess these based on their personal needs and consult the company for recommendations regarding beneficiaries to ensure future payments are secure(Penske Cash Balance Pla…).
How can employees of Penske contact the company to inquire further about the Penske Cash Balance Plan and its intricacies? What methods of communication are available, and what information should employees gather beforehand to make their inquiries as productive as possible?
Contact Information: Employees can contact the Penske Cash Balance Plan administrators by calling 1-800-755-5801 for further inquiries. It's advisable to have all relevant documents and questions prepared in advance to make the discussion more productive(Penske Cash Balance Pla…).