February 8, 2010

Our insured was hired to deliver and install a stove and microwave and to also haul away the old appliances. While in the process of removing the old appliances from the home to the insured's vehicle, the microwave, which was stacked on top of the old stove by the insured, fell down the claimant's stairs and damaged the stairs. Is this considered a loading and unloading issue?

Connecticut Subscriber

Yes, this is considered to be within the definition of loading and unloading under the terms of the standard CGL form. So, the CGL form will not apply to the damage claim due to the auto exclusion. And since the CGL form is not going to apply to the damage claim to the stairs, you might want to consider the BAP policy of the insured. This policy would provide coverage for the damage claim to the stairs if a hand truck was being used to remove the old appliances.

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