An insured went away for the weekend and left his truck with the battery charging for three days at home. When he returned, the battery had over-charged and acid had mixed with the gasoline, changing into sulfuric acid. The fumes contaminated the entire vehicle. The truck was unusable because the sulfuric acid caused skin irritation when a person got close to the truck. Additionally, all the metal on the truck turned green.

Our question is whether the business auto policy's exclusion of damage caused by wear and tear, mechanical breakdown, and electrical failure would apply?

Illinois Subscriber

No. Even though it was the wear and tear of the battery that caused it to become uncharged and caused it to fail to hold a charge, this wear and tear was not the direct cause of the loss. The direct cause of the loss was putting more electricity into the battery than it could hold. The creation of sulfuric acid fumes from acid overflowing the battery is not the electrical breakdown referred to in the exclusion. That portion of the exclusion refers to damage caused by wire connections separating or by the friction of wires rubbing, leading to broken or short circuits.

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis