Coverage question in relation to BAP policy using the CA 00 01 11 20 coverage form.
Facts: The insured employee placed diesel exhaust fluid in the gas tank of a covered 2022 Freightliner. The contamination of the fuel damaged the engine.
Not certain if the mechanical breakdown exclusion applies. The exclusion uses the "due & confined" language.
Can you assist? Exclusion language is noted below:
3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto".
New Jersey Subscriber
While mechanical breakdown is the result, it is not the cause of the damage. The mechanical breakdown exclusion is designed to eliminate coverage for damage that occurs under normal and expected conditions, problems inherent in the vehicle itself. The input of diesel versus gas was done by accident and from the outside. There is no exclusion for putting the wrong type of fuel into the vehicle. Therefore, this is a direct and accidental loss, and it should be covered under the policy's other than collision coverage.