The insured has a CGL form with hired and non-owned auto endorsement attached. The involved vehicle had a load that fell off the truck during delivery and damaged two other vehicles traveling behind. The insured confirms the vehicle belongs to the company, therefore the above endorsement will not apply. Will the CGL form cover improper securing of the load onto the truck and thus, the property damage caused by the falling load?
Indiana Subscriber
No, the property damage was caused by a load falling off a truck owned by the named insured, and the auto exclusion on the CGL form will apply. The direct cause of the loss was the falling of the load and that arises out of the use and ownership of an auto, so the auto exclusion will prevent any coverage in this instance. Moreover, the auto exclusion states that the use of an auto includes loading or unloading. This claim should be handled under the terms of the business auto policy.
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