Damage to Garage Door

October 3, 2011

Our insured has a HO4 tenant form. He had opened the garage door and left the trunk lid of the van up because he was cleaning it and the handicap lift that is in the back of the van. He went to get something in the house and automatically hit the button to close the garage door. The claim is for the damaged garage door that occurred when it attempted to close and struck the trunk lid. Did the claim arise out of the use of an auto? Would the motor vehicle liability exclusion apply?

Connecticut Subscriber

The insured certainly owns the van, and liability for property damage to property of others arising from the ownership, maintenance, occupancy, operation, use, loading or unloading of motor vehicles is excluded. Likewise, property damage to property rented to, occupied or used by, or in the care of an insured is excluded. The garage door was rented to and used by the insured. There is no coverage for this PD claim.