Q

I'm handling a claim in which cargo was being transported by a tractor-trailer. The cargo in the trailer shifted and pulled the restraining straps. As a result, the inside of the trailer where the straps were attached buckled, and the trailer was damaged.

This policyholder carries specified causes of loss and collision coverage. The company does not carry other than collision (comprehensive) coverage.  The insured is claiming that this is a collision loss, but I don't think it is. What's your opinion?

California Subscriber

A

From your description, this does not appear to fall within the category of collision. The business auto policy defines “collision” as the covered auto's collision with another object or its overturn. The first meaning infers one object striking another. The majority of courts don't require any particular degree of violence, so long as the damage is inflicted by some degree of contact.

The situation you describe involves a shifting of the cargo, but it does not involve the cargo striking the inside of the trailer. Therefore, the buckling of the trailer interior that was caused by the restraining straps does not fit within the description of collision.