Our insured pulled a fifth wheel trailer with a truck across a portion of Alaska . The vehicle and the trailer were covered by a personal auto policy that we issued. When our insured arrived at his destination, he discovered that the main frame of the trailer had bent because of the bumpy roads, and the walls of the trailer were sagging. He said the roads were very bumpy during the entire trip, but he also thought he had struck a particularly high mounded frost heave in the road.
Our insured carries both collision and other than collision coverage on the truck and trailer, but we're not sure whether this type of loss is covered or not.
California Subscriber
This loss is covered under the physical damage section of the personal auto policy. There may be some discussion as to whether it is a collision or an other than collision loss, but most likely it falls within the collision section of the policy. A decision on whether there was a "collision" that is covered by the policy involves questions about whether an object was struck and the way in which it was struck. Most courts have held that a roadbed is an object, so that a damaging impact with it is covered as a collision loss. A majority of courts fail to require any particular degree of violence in order for an impact to be considered a collision.
The wear and tear exclusion does not apply because, as you stated, the trailer was new and was damaged in only one trip. Exclusion 2d. of the personal auto policy does exclude road damage to tires. Therefore, road damage to the tires is not covered, but road damage to the rest of the trailer is covered.
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