We have a claim under the CA 00 01 10 01, Business Auto Coverage Form. We have liability symbols 07, 08, and 09 for the insured auto. The auto was pulling a trailer that is over 2000 lbs with a boat. The trailer is not specifically described on the policy and is owned by the insured. The insured was driving in a parking lot and struck a parked vehicle with the boat that was being pulled on the trailer by a covered auto. Question is , is coverage afforded as it was the drivers inattentiveness making the boat swerve to close to the parked vehicle (coverage follows the vehicle) or is it not covered as the trailer that was pulling the boat is not specifically described on the policy and is over 2000 lb load capacity?

Connecticut Subscriber

This is a good question since it involves the covered auto, a trailer and a boat. Which one caused the PD? We are of the opinion that the covered auto caused the PD and the claim should be covered. We base this on the fact that while the boat actually hit the parked vehicle, but for the use of the covered auto, the PD would not have occurred. The trailer is not a factor here since it did not hit the parked vehicle. Also, the insured is entitled to the benefit of a reasonable doubt and since a case can be made that the PD would not have occurred but for the use of the covered auto, we see coverage under the BAP.