Fire Loss Claim under BAP

The insured's vehicle was hit by molten metal thrown from a passing train causing the rubber around the windshield to smolder and melt; the windshield also cracked and the paint on the hood was burned and there was soot damage to the hood. We think this is a comprehensive loss, but is it a loss caused by a falling object or missile or a fire loss? Under our business auto policy, the deductible can be waived for a fire loss.

Connecticut Subscriber

Courts have generally held that fire involves combustion or other oxidation that is manifested in a flame or glow. And, the dictionary defines fire as combustion as manifested in light, flame, and heat. So, in this instance, it sounds like there was definite combustion with light and heat. You may want to double check with the insured to see if the insured saw any flame or glow, but it sounds to us like a fire occurred. Furthermore, damage by a falling object or missile would not cause the damage as described, so we are of the opinion that this is a fire loss.

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