Bike Falls off Vehicle

October 31, 2013

The insured has a HO 00 06 10 00 policy. A bike rack is attached to the car, and the insured's friend puts both bikes on the rack. The insured harnessed the bikes into the rack. Somehow the friend's bike came loose from the harness and fell onto the highway and was run over. Would the auto liability exclusion apply or would this arise out of the operation of the bike rack and not the auto itself? Would the additional coverage be applicable- knowing it also has an auto liability exclusion?

 Connecticut Subscriber

The bike rack is automobile equipment; the motor vehicle liability exclusion applies, as does the exclusion for property damage to property in the care of an insured (page 16 F.3.). It is also excluded in damage to property of others under the ownership, use, and operation etc. of a motor vehicle exclusion. The friend should be able to collect under her home/tenant/condo policy for the damage to her bike.

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