Self-Propelled Tractor Damages Parked Vehicle

November 26, 2012

The insured was in the process of backing a self-propelled tractor (used to aerate lawns) off the trailer that is attached to a vehicle owned by the insured when the tractor lost traction and rolled into the claimant's parked vehicle. Would the claim be covered under the BAP or the CGL form?

Connecticut Subscriber

We are of the opinion that the claim would be under the CGL form since the actual damage was done by the mobile equipment. We thought it would be possible that the loading or unloading phrase in the auto exclusion would apply, but since the tractor was being operated under its own power, as opposed to someone or something lifting or moving it from the trailer, we don't see the auto exclusion in the CGL form being used to deny the claim. The actual damage done was caused by the tractor and it did not arise out of the transportation or use of the trailer, so we see this as a CGL claim.