January 16, 2012

Under the BAP, there is an exclusion for injury and damage arising out of the operation of certain equipment. In this instance, a cherry picker type device is attached to a truck chassis. A party is injured while the cherry picker is being operated and while the truck is in a stationary position. The accident is reportedly due to a defect related the cherry picker bucket. Would the claim be covered under the BAP or does the exclusion apply?

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