Collision Loss or Comprehensive Loss under BAP

The insured has a 2004 Freightliner grain truck on his business auto policy. The driver went to unload grain from the truck and did so on unlevel ground. The corn inside the truck went to one side of the trailer and twisted the trailer frame and damaged the hoist. Is this considered a comprehensive loss or a collision loss under the terms of the BAP?

Iowa Subscriber

On the one hand, the auto has in a sense collided with another object, that is, the cargo, and there is nothing in the BAP limiting collision to impact with objects outside the vehicle. On the other hand, if the cargo was propelled through the air into the auto, that bears resemblance to the action of a missile or a falling object, which is an other than collision loss.

But, a lot depends on the facts of the event. If the grain was in constant contact with the bed of the trailer and the weight shifted, this is an other than collision loss since the impact was not with another object; the two objects (the grain and the vehicle) were already in contact before the impact so the event cannot be a collision since there was no impact with another object. The way you describe the event, there was constant and continuing contact between the grain and the vehicle, so we are of the opinion that this would be considered an other than collision claim (comprehensive).

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