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A forklift is not an ‘auto’ for purposes of liability exclusion, rules Indiana federal court

Does a forklift qualify as an auto for the exclusion from bodily injury liability?

By Rosalie L. Donlon | Updated on December 15, 2014

Dictionary.com defines a forklift as “a small vehicle with two power-operated prongs at the front that can be slid under heavy loads and then raised for moving and stacking materials in warehouses, shipping depots, and so on.” The U.S. Occupational Safety and Health Administration, better known as OSHA, calls them “powered industrial trucks” in its extensive regulations.

No matter what name you use, forklifts are moving vehicles, but does one qualify as an “auto” for purposes of the exclusion from bodily injury liability from an auto under a commercial lines policy? The answer, according to the U.S. District Court for the Southern District of Indiana is “no.” [Nat’l Am. Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593]

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