The claimant wanted to give her car to her son to use while away at college and asked our insured to could look at the car and give her an idea if it was in good shape for her son to take to college. Our insureds put the 2002 Buick LeSabre onto their hydraulic lift and it fell off the lift and was a total loss.

The estimate of repairs was $5,231.99. The NADA value was anywhere from $1,325 to $2,575 (thus a total loss).

Coverage E – Personal Liability provides coverage for the negligence of the insured.

INCIDENTAL LIABILITY COVERAGES

This policy provides the following Incidental Liability Coverages. They are subject to all of the “terms” of Coverage L and Coverage M. Except for Claims And Defense Cost, Damage To Property Of Others, First Aid Expense, and Loss Assessment, they do not increase the “limits” stated for the Principal Liability Coverages.

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4. Damage To Property Of Others — Regardless of an “insured's” legal liability, “we” pay, at replacement cost, for “property damage” to property of others caused by an “insured”. The “limit” that applies to this coverage is $1,000 per “occurrence”.

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7. Motorized Vehicles

a. Subject to the limitations set forth in b. and c. below, “we” pay for “bodily injury” or “property damage” that arises out of a “motorized vehicle” that:

1) is in dead storage on an “insured premises”;

2) is used only to service:

a) an “insured premises”, but only if the “occurrence” takes place on an “insured premises” as defined in 14.a., 14.b., 14.c., 14.f., 14.g., or 14.h. under Definitions; or

b) an “insured premises” or a premises of another, but only if such “motorized vehicle” is designed only for use off of public roads;

Property damage did not arise out of a “motorized vehicle.” The vehicle was in our insured's care, custody, and control and was not in use at the time the damages were made.

Under the HO003 (09 08), do we owe for $1,000 under incidental damages to others or all of the claimant's damages to her automobile?

Maryland Subscriber

While the insured may not have been driving the vehicle, his actions could be seen as maintenance of the vehicle, which is excluded. Coverage for vehicles on the homeowners policy is deliberately very narrow; the claimant should file the loss under her auto coverage. Secondarily, why does the insured have a lift? Does he run a business? That needs to be addressed, as an auto lift is not in your average homeowner's garage.