The insured has a standard commercial auto policy with the trucker's endorsement, CA 23 20. The insured has symbol 7 for collision and liability. There is no garagekeepers endorsement showing on the policy. There is no coverage for repair plates. There is no drive other car endorsement.

The insured was backing a vehicle off his trailer and struck another vehicle. The vehicle that our insured was backing is a 2015 Acura being delivered to the Acura dealership. There is a property damage claim from the vehicle that our insured struck for $1,570.42. There is no claim for the vehicle he was driving at this point, but there may be one in the future.

Liability for the Acura that our insured was driving appears to be excluded under the care, custody, or control exclusion. However, we are wondering if the handling of property exclusion suggests there might be coverage. The question is, are you “handling” a vehicle when you are driving it under the same definition of “handling” that applies to moving a couch or some other typical loading/unloading claim?

Please advise on coverage for both the vehicle our insured was driving and the vehicle that was struck by our insured.

Georgia Subscriber

The care, custody, or control exclusion applies so we do not see that the handling of property exclusion is relevant. As for the vehicle that was struck, the insured has coverage for property damage caused by an accident and resulting from the use of a covered auto. This was an accident and if the Acura was a covered auto and there are no relevant exclusions, the insured has liability coverage for the property damage he caused.

As for the Acura damage, the physical damage coverage applies to loss to a covered auto. If the Acura is a covered auto, and the insured has comp and collision coverage, the damage to the Acura would be covered. There is no exclusion that would apply in this instance.