Recently, I got this inquiry in LinkedIn:
“If a business has volunteers that they reimburse for mileage is that now a hired auto? Per the [insurer] it is but hired isn’t defined in the policy.”
Under ISO rules and forms, Symbol 8 applies to nonowned autos leased, hired, rented, or borrowed by the insured, while Symbol 9 applies to nonowned autos NOT leased, hired, rented, or borrowed by the insured.
For a detailed discussion, including case law citations, I would refer the reader to the discussion at IRMI (subscription required). For an opinion, I believe this to be a Symbol 9, not Symbol 8, liability exposure (of course, to remove all doubt, use Symbol 1).
“Hired” usually refers to compensation beyond simple mileage reimbursement. “Borrowed” may not involve any compensation but likely requires some degree of possession and control of the vehicle, not just someone using their auto to do a favor for the insured.
Often hired auto coverage, for example when renting or leasing an auto, necessitates physical damage coverage in order to comply with the insured’s contractual obligation to cover damage to the vehicle. Under ISO rules, physical damage coverage is available under Symbol 8 and not Symbol 9.
Is the insurer willing to provide physical damage coverage for the autos of volunteers? Highly unlikely. More likely they wouldn’t treat such vehicles any differently than they would the autos of employees which are usually subject to Symbol 9 coverage.
As for borrowing, coverage expert Mike Edwards, CPCU cites Schroeder v. Board of Supervisors of Louisiana State University, 591 So.2d 342 (La. 1991) where a student used his father’s car to give another student a ride to run an errand at the request of a professor. The state supreme court held that “borrowing” requires the “substantial possession, dominion, control, or the right to direct the use of the vehicle.”
Photo by Steve Bowbrick 
Bill Wilson
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May I suggest using symbol 1? I just did. Never belive 28 and 8 are equal. Under 1 you have coverage period, Just like the difference between all risk and named peril in property insurance.
Symbol 1 is the recommended liability symbol, but many insurers won’t use it or use it selectively.
Would symbol 8 on a commercial auto policy apply in the scenario where an employee of the insured travels to another state for a business trip and rents a car? Is it better to get the collision damage waiver offered by the rental company?
George, Symbol 8 should apply but the failsafe approach would be to add the ISO CA 20 54:
https://www.irmi.com/term/insurance-definitions/employee-hired-autos-endorsement
If I were an agent, I’d add this endorsement to every business auto policy to remove any doubt that employees renting cars for company business have a Symbol 8 exposure and primary coverage.
I always buy the LDW. If you’re a business that rents a lot of cars you might be willing to rely on your own insurance and self-insure anything that slips through the cracks. If your rentals are significant, you might be able to negotiate a heavily discount LDW deal with a rental car company.