Loading and Unloading Coverage Question

Our insured was delivering a desk at the loading dock of the customer when the shipping container which was being transported by a two hand truck tipped over and fell onto the dock. Damage was done to the container and the desk. Would the general liability policy or the auto policy of the insured apply to the claim?

Tennessee Subscriber

Both the CGL form and the commercial auto policy declare that the use of a hand truck puts a claim in the realm of the auto policy. But, you have to consider that both the CGL form and the auto policy have a care, custody, or control exclusion that prevents coverage for damage to property in the insured's care, custody, or control. So, in this case, while the auto policy would be the policy that would handle the claim, the care, custody, or control exclusion would prevent coverage for the damage. The better solution here for the insured would be some type of inland marine coverage that would apply to damage done to property being moved by and in the care of the insured.