Loading of Truck Causes Claims Conflict Between BAP and CGL Forms

Q

Our insured is a real estate developer and general contractor. He hired an independent contractor to move earth from the insured's premises to another area. Shortly after, our insured was sued as a codefendant for alleged damages to a third party, who claimed that his vehicle fell into a hole in the road. The basis of the claim is that our insured allowed the contractor to overload the truck with earth from his premises, and in turn the independent contractor caused the road to be damaged because he overloaded the truck.