November 18, 2013
If the mechanized arm from a garbage truck causes bodily injury or property damage, does this fall under the auto coverage or the general liability coverage?
Ohio Subscriber
The answer is that the claim would be handled under the BAP.
The BI or PD resulted from the use and ownership of the covered auto. The only exclusions that might apply pertain to the movement of property by a mechanical device or the operation of equipment listed in the mobile equipment definition in the BAP.
The movement of property be mechanical device exclusion is not applicable because the exclusion states that the exclusion does not apply if the device is attached to the covered auto; presumably, this is the case in your scenario.
The operation of equipment listed in the mobile equipment definition refers to things like cherry pickers and air compressors and pumps. The mechanized arm on a garbage truck does not fit into this category.
So, the BI or PD claim would be handled by the BAP.
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