Mobile Equipment Definition and Auto Exclusion

The insured's operations consist of renting refrigerated vans for the storage of merchandise. Although the insured maintains its ownership when rented, the van remains on the client's premises as long as needed; the ownership of the merchandise within it remains with the client. The insured is responsible for maintaining the van in good conditions including re-fueling it to maintain the refrigeration system. The re-fueling is done by moving the van to a gasoline station.

While at the customer's premises, allegedly for a failure in the maintenance, the goods inside the van spoiled. The van is subject to the motor law registration, and we need your opinion on the following: is the van considered mobile equipment at the time of the loss, or can the claim be declined because of the exclusion (g) Aircraft, Auto or Watercraft, on the CGL form. The CGL form is the 10 01 edition.

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