Interpreting “Ownership” or “Use” under the BOP

May 13, 2014

Insured is a tenant restaurant. Named insured parked his Vespa Moped on the sidewalk in front of his restaurant and went inside. While parked, the claimant tripped and fell over the Vespa and is now making a claim alleging insured did not warn her of the hazard and should not have parked it on the sidewalk. Insured submitted the claim under their BOP policy. Would the auto exclusion apply? Exclusion reads “BI or PD arising out of the ownership, maintenance, use or entrustment to others of any auto…” Does tripping over the Vespa constitute “arising out of its ownership or use?”