Our insured has a business auto policy (BAP) and a businessowners policy (BOP). The insured owns a bucket truck listed on the BAP. The bucket is permanently attached to the truck and is used to raise and lower workers. The insured was in the bucket cutting a tree limb when the limb fell off and struck a house. Assuming the insured is liable for the damage, which policy would pay for the damage to the house?
Pennsylvania Subscriber
A case could conceivably be made that this property damage was caused due to the use of an auto. But, we think the more proper coverage would be through the BOP. This was damage done by the work of the insured, not by the auto.
Some courts allow auto coverage even when the vehicle is just being used as an object incidental to the actual event that caused damage or injury; for example, some courts allow coverage under the auto policy due to drive-by shootings even though the auto did not actually cause the injury. So, you may want to check with an attorney who is familiar with the law in your area to see how courts there have ruled on this subject. But, it is our opinion that the BOP is the proper avenue for coverage in this instance.
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