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Our insured is a franchised auto dealer.  We write the dealer's physical damage coverage.  Our insured's shop employee placed an owned (held for sale) vehicle on a lift.  He did not properly position the vehicle and it fell off the back of the lift.  The car hit the shop floor doing major damage to the rear end.  The insurer has taken the position that coverage does not apply because of “improper service.”  The policy provides both comprehensive and collision coverage. 

My position is that this is not a vehicle service issue, but a collision of the vehicle with the shop floor.  To me improper service involves those items that are part of ongoing service to properly maintain a vehicle, e.g., changing fluids, spark plugs, etc.

Insurer is denying coverage based on policy language excluding “improper service.”

Texas Subscriber

Here, the insured would prevail. The word “collision” has been broadly interpreted for the insured throughout the recent past and has been deemed to include many dictionary definitions, such as the act of one object suddenly coming violently into contact with another in motion or standing and the meeting and mutual striking of two moving bodies or of a moving body and a stationary one. There have also been several cases that have included a collision with the ground as a collision.  (see What is Collision.)

The improper service exclusion is meant to exclude when the car is improperly serviced, such as when something is installed incorrectly and some harm results. For example, if the mechanic hooked up a hose incorrectly and the vehicle overheated, the exclusion would apply and coverage would not be provided. Since here the damage was sustained as the result of a collision, regardless of whose fault that collision was, the damage should be covered.

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