Also, we have a personal auto policy written on an ISO form. We have no comprehensive or collision coverage. Our insured struck a utility pole and was treated and released at the emergency room. Someone called 911 and the fire department responded to the scene, “and assisted the county sheriff with scene measurements and remained on the scene until the vehicle was removed”. There is no damage to the pole, thus no liability claim is being presented. Is there coverage afforded for the fire department charge submitted?

Iowa Subscriber

What the CGL form will pay is PD for which the insured is liable. But there has to be property damage as defined. Property damage is physical injury to tangible property or loss of use of property that is not physically injured. As long as there is property damage as defined, the policy will pay all expenses that the insured is liable for and if that includes fire fighting expenses, then that is going to be covered. But, if there is no PD as defined, consequential expenditures like fire fighting are not going to be covered by the CGL form. So, the key is the occurrence of property damage as defined in the form.

The coverage under the PAP liability section is for property damage as defined. The definition is physical injury to, destruction of, or loss of use of tangible property. Fire department expenses that do not fit this definition do not equal property damage. Besides, if there is no liability claim against the insured, the PAP liability insuring agreement will not be invoked, so there would be no coverage for the fire department expenses in this instance.