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?

New Jersey Subscriber

The fact that the cherry picker caused the injury means that this is a CGL issue and not an auto issue. The BAP and the CGL form complement each other with certain exclusions. In the BAP, the exclusion is #9 and in the CGL form, the exclusion is (g). Both exclusions pertain to the operation of machinery or equipment such as cherry pickers and similar devices mounted on an auto or truck chassis. The BAP excludes coverage for injury or damage arising out of the operation of such equipment, and the CGL form permits coverage by creating an exception in exclusion (g).