Covered Pollution Cost Question under BAP

This is a single vehicle collision with a tractor trailer. The vehicle rolled over and diesel fuel spilled out of the gas tank and onto the road (a public highway). There was no property damage or bodily injury, simply the collision damage to the vehicle.

In this situation, would there be coverage for the clean up of the diesel fuel that spilled out of the insured's gas tank under the provisions of the business auto policy (BAP)?

Arizona Subscriber

The covered pollution cost or expense coverage that the BAP offers is available only if there is either bodily injury or property damage (that is covered by the BAP) that is caused by the same accident. In this case, collision damage to the covered auto is not considered property damage as defined in the BAP, so there is no coverage for the clean up expenses.

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