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This claim involves a fire department that responds to a wild fire. The fire truck was driven into the claimant’s yard and crushed some underground power lines. We think that if the fire truck was moving and crushed the lines at that time, this would be an auto liability claim. However, if the truck is stationary while the firemen are fighting the fire and the lines get crushed, is this still an auto claim or a CGL claim?

Oklahoma Subscriber

This would still be an auto policy claim and not a CGL claim. The damage is caused by an auto that is owned by the insured fire department. The auto exclusion on the CGL form applies if the property damage arises out of the ownership or use of an auto owned or operated by any insured and it makes no difference if the auto is moving or not at the time of the occurrence.

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