Loading or Unloading Issue under BAP and CGL Form

Our question is whether a business auto policy or a general liability policy would respond to this claim. The insured was replacing a boiler in a customer's home and in the process of removing the old boiler, the insured took it out of the home and set it on the sidewalk. During the move, oil leaked from the boiler onto the carpet of the customer and caused some damage.

There are different insurers for the auto policy and the general liability policy. Which policy should handle the damage claim?

Pennsylvania Subscriber

This is a coverage issue for the auto policy, not the CGL form. Both the auto policy's handling of property exclusion and the CGL form's definition of loading or unloading attest to the fact that this claim should be handled by the auto policy. The damage occurred while the insured was moving the property from its place in the home to the vehicle, and that is a business auto policy concern.

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