Vehicle Requiring Diesel Fuel Damaged by Regular Fuel Fill-up
Insured loaned the insured vehicle to a friend. The friend was pumping fuel and accidentally put regular gasoline into the diesel vehicle. This caused $700 in engine damage. Is this a covered loss?
Illinois Subscriber
Although the damage could be considered mechanical damage, which would be excluded under Exclusion 2 of Part D of the PAP, we contend the insured should receive the benefit of the doubt in this situation.
Physical damage coverage is for direct and accidental loss to a covered auto. Although the friend purposefully filled up the tank, he put the wrong fuel in it by accident and thus the resulting engine damage was also accidental. Exclusion 2 is designed to eliminate coverage for gradual damage to the auto that occurs under normal and expected conditions, and damage that is inherent in the car and occurs due to a problem with the car itself.
The damage you describe was done by accident and from the outside. Therefore, it should be covered under the policy's other than collision coverage.
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