Loading and Unloading an Insured Vehicle
I have a question regarding the loading and unloading of an insured vehicle under the business auto policy. If our insured is at a job site and is unloading a ladder from his truck and the ladder falls, damaging an object, does the BAP apply to the damage?
Also, at what point would the ladder be considered to be not in the act of unloading? I considered the analogy of delivering an item to its final destination, but this is not an item being delivered. If the ladder was placed on the ground after unloading, and then picked up again to move to the worksite, has the act of placing the ladder on the ground ended the unloading?
New Jersey Subscriber
The business auto policy does not actually discuss loading and unloading like the CGL form. But, there is an exclusion on the BAP pertaining to bodily injury or property damage resulting from the movement of property. Of course, this exclusion applies only when the injury or damage results from the movement of property by a mechanical device, unless the device is attached to the covered auto. Since in this case, the damage resulted from the moving of property by hand, this exclusion does not apply and the damage is covered by the auto policy.
As for when the unloading stops, that has to be a matter of judgment. There is no definition in the auto policy to help, so a common sense, rational approach has to be taken. In this instance, since there is no intention of delivering the ladder anywhere and it is just being taken off the truck for work purposes, we are of the opinion that once the ladder leaves the truck, that is when the unloading stops. After the insured has placed the ladder on the ground with the intention of picking it up again to use in his work, the act of unloading has already ended.
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