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A contractor purchases commercial auto insurance with $500,000 coverage. A work truck causes $750,000 in damages. What is the contractor's personal exposure?

Correct Answer

B) $250,000 regardless of business structure

The contractor's exposure is $750,000 - $500,000 = $250,000, which represents the amount not covered by insurance, regardless of business structure for this type of liability.

Answer Options
A
$750,000 if a sole proprietorship
B
$250,000 regardless of business structure
C
$0 if the business is an LLC
D
$250,000 unless the business is an LLC

Why This Is the Correct Answer

$750,000 total damages minus $500,000 insurance coverage = $250,000 uncovered gap. The insurance policy pays up to its limit; the remaining $250,000 is the contractor's exposure regardless of business structure. Auto liability judgments that exceed coverage limits create personal exposure even for LLC owners because the insurance gap — not the business entity — determines the uncovered amount.

Why the Other Options Are Wrong

Option A: $750,000 if a sole proprietorship

$750,000 only if a sole proprietorship is incorrect because the total damages figure is not the exposure — the exposure is only the amount above the policy limit ($250,000). Business structure (sole proprietorship vs. LLC) does not change the math of the coverage gap.

Option C: $0 if the business is an LLC

$0 if the business is an LLC is a common misconception. LLC protection shields personal assets from business debts and contract claims, but it does not eliminate liability for tort damages (like vehicle accidents) that exceed insurance coverage. Courts can and do pierce the veil for direct personal negligence in vehicle operation.

Option D: $250,000 unless the business is an LLC

$250,000 unless the business is an LLC incorrectly implies that LLC status changes the exposure. The coverage gap is $250,000 regardless of entity type — the LLC does not absorb the insurance shortfall.

Memory Technique

Insurance gap = Your problem, always. Damages ($750K) – Policy ($500K) = Gap ($250K). The LLC doesn't fill the gap — more insurance does.

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