Mobile Equipment or Auto as Cause of Damage

Our insured runs a tree service that cuts trees and removes them. He has a boom truck that he uses in his work and this vehicle is registered for normal road use. While working at a customer's house, the boom truck cracked the driveway due to its weight. Would this be a claim under the auto policy or under the CGL form?

Ohio Subscriber

This type of claim is handled under the auto policy since it was the auto that caused the damage. Some may think the damage was caused by mobile equipment since the boom is connected to the truck. However, the damage was not caused by the boom, but by the truck itself and that makes this an auto claim. Moreover, the definition of mobile equipment on both the standard CGL form and auto policy confirm that this type vehicle is to be considered an auto and not mobile equipment.