Falling Object Damaged by a Vehicle

One of our homeowners clients is insured on AAIS form ML-3. He was transporting his lawn tractor on a trailer being towed behind his auto. The trailer hit a pot hole causing it to sway. The tractor fell off the trailer and onto the road, becoming severely damaged. The insurer denied coverage under the “falling objects” peril, which states “we do not pay for loss to the object which falls.”

We disagree with this interpretation, and think the proximate cause of the loss is the “upset” of the vehicle and therefore covered. What do you think?

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