Collision Loss Designation Disputed by Insured

We were presented with an argument by an insured and would like your opinion of coverage please. The facts are the insured was loading an ATV into the bed of the insured pick-up truck when the ATV got away from the insured and struck/damaged the back end of the cab. The insured is arguing this is “other than collision” as the “collision” portion of the policy applies when the insured vehicle strikes another object, not when an object strikes the insured vehicle as in this case. Our review is that the “collision” portion states “impact with another object” which would apply regardless of whether the insured vehicle struck an object or an object struck the insured vehicle (the policy language does not imply which object struck the other).The insured feels the language means the insured vehicle has to strike the object and the language is ambiguous at best and should be applied in their favor and covered under “other than collision”.

Tennessee Subscriber

The insured has an interesting argument but we agree with your view. Court cases have declared that the insured auto need not be in motion for a collision to occur; as long as there is a striking together or striking against, there is a collision. The dictionary and Couch on Insurance and Appleman, Insurance Law and Practice all concur; a collision is an impact with any kind of object; such object with which the auto collides may be either moving or standing and it does not matter which of the objects (the car or the other object) is in motion.; both need not be in motion for recovery to be had under a collision claim.

 

 

This premium content is locked for FC&S Coverage Interpretation Subscribers

Enjoy unlimited access to the trusted solution for successful interpretation and analyses of complex insurance policies.

  • Quality content from industry experts with over 60 years insurance experience, combined
  • Customizable alerts of changes in relevant policies and trends
  • Search and navigate Q&As to find answers to your specific questions
  • Filter by article, discussion, analysis and more to find the exact information you’re looking for
  • Continually updated to bring you the latest reports, trending topics, and coverage analysis