Towed Vehicle and the Meaning of Disabled

November 28, 2011

The Business Auto Form (BAP) is the policy in question. Our insured driver was arrested at a weigh station for having an expired license and law enforcement then had his vehicle towed. The policy provides towing coverage for disabled vehicles but it does not clearly define “disabled”. In this case would the ambiguity in the policy provide coverage for this tow?

Georgia Subscriber

This is a very interesting question. Since the term is not defined in the policy, check the dictionary. The dictionary defines disable as to deprive of legal right, qualification, or capacity, to make incapable or ineffective.  Since towing the car would make it incapable of use and with the police towing the car depriving the insured of his legal right to use the car, a case can be made that this tow would be paid under the BAP. There is no exclusion on the subject, so we are of the opinion that the insured gets the benefit of the reasonable doubt and has the coverage.