1. Forms
2. CA
3. CA-99-34

Form CA 99 34: Social Service Agencies–Volunteers as Insureds

1. What the form is

The CA 99 34 endorsement, titled "Social Service Agencies–Volunteers as Insureds," is a crucial modification to a Commercial Auto policy. Its primary purpose is to explicitly extend insured status to volunteers who use automobiles in connection with their work for a social service agency. Specifically, it amends the "Who Is An Insured" section of the auto policy to include volunteers while they are using a covered auto that the agency does not own, hire, or borrow (typically the volunteer's own vehicle) to transport clients or other individuals for activities essential to the agency's operations. This endorsement also extends insured status to anyone else who furnishes that auto to the volunteer for such purposes.

2. Classes of business it applies to

This endorsement is specifically designed for social service agencies and non-profit organizations that rely on volunteers to carry out their services, particularly those involving client transportation. Real-world examples include:

• Charitable organizations: Agencies that provide transportation for elderly individuals to medical appointments or social activities.
• Non-profit community programs: Organizations that use volunteers to deliver meals (e.g., Meals on Wheels), take clients to therapy sessions, or transport individuals with disabilities.
• Faith-based outreach programs: Churches or religious groups that have volunteers drive members of the congregation or community for various support services.
• Youth service organizations: Groups that might have volunteers driving children or teenagers to events or programs.

3. Special considerations

There are several important factors to consider when evaluating the use of the CA 99 34 endorsement:

• Necessity of the Endorsement: Standard commercial auto policies (like the CA 00 01) do not automatically define volunteers as insureds when using their own vehicles for the named insured's business. While Symbol 9 (Non-Owned Autos) provides coverage to the named insured (the agency) for liability arising out of the use of non-owned autos, it may not extend insured status directly to the volunteer driver. This endorsement closes that potential gap.
• Scope of Coverage: Coverage for the volunteer applies only when they are using an auto not owned, hired, or borrowed by the social service agency (e.g., their personal vehicle) and specifically for transporting clients or other persons in activities necessary to the agency's business.
• Primary vs. Excess Coverage: Typically, the volunteer's personal auto insurance policy will act as the primary coverage in the event of an accident. The coverage provided to the volunteer through the CA 99 34 endorsement on the agency's policy would then generally apply on an excess basis.
• Definition of "Volunteer": The endorsement relies on the definition of a "volunteer worker," which generally means a person who is not an employee and who donates their work without receiving a fee, salary, or other compensation.
• Alternative Endorsements: In some instances, newer endorsements like CA 05 24 (Non-Ownership Liability Coverage for Volunteers) might be available or may eventually replace CA 99 34, offering a broader scope for volunteer non-owned auto liability.

4. Key information for agents and underwriters

• Risk Assessment:
  • The primary risk involves volunteers operating their personal vehicles for agency business. Underwriters should assess the frequency and nature of this activity, the types of clients being transported (e.g., children, elderly, individuals with medical conditions), average distances traveled, and the agency's procedures for volunteer engagement.
  • The condition of volunteers' vehicles and their driving records are generally outside the direct control of the agency, posing an inherent risk.
• Underwriting Guidelines:
  • Volunteer Screening: Inquire about the agency's protocols for screening volunteer drivers, such as performing Motor Vehicle Record (MVR) checks and verifying that volunteers maintain their own personal auto insurance.
  • Proof of Insurance: Encourage the insured agency to obtain and keep records of volunteers' personal auto insurance, including liability limits. Suggesting that volunteers carry limits above the state minimum can provide better protection for both the volunteer and the agency.
  • Written Agreements: While not always mandated by the form itself, having written agreements with volunteers outlining their roles, responsibilities, and insurance expectations can be a good risk management practice.
  • Nature of Operations: Understand the specifics of the transportation services provided. Transporting fragile or high-needs individuals may present a greater exposure.
• Pricing:
  • An additional premium is typically charged for this endorsement.
  • Rating may be based on the number of volunteers who regularly use their personal autos for agency programs (e.g., Class Code 6672 for blanket individual liability of volunteers).
• Coverage Gaps Avoided:
  • Without this endorsement, if a volunteer is sued after an accident while driving their own car for the agency, they might have to rely solely on their personal auto policy. If their limits are insufficient or coverage is denied, the volunteer could face significant personal financial loss.
  • The agency itself could also be more vulnerable to lawsuits if the volunteer is not adequately insured or not considered an insured under the agency's policy for their actions. This endorsement helps protect the agency by extending coverage to the volunteer, potentially reducing the likelihood of claims directly against the agency's primary non-owned auto coverage if the volunteer is deemed an insured.