MOBILE EQUIPMENT
Tow Truck Does Not Constitute Mobile Equipment.
Stevens sought coverage under a commercial general liability (CGL) policy [edition unknown] issued by American Bankers for an accident involving a tow truck. American Bankers denied coverage, and Stevens filed a declaratory judgment action. The trial court ruled that Stevens was not covered under the policy.
Stevens appealed, arguing that the tow truck qualified as “mobile equipment” under the policy. The appellate court affirmed, concluding that the definition of “mobile equipment’ refers to a land vehicle that transports a crane to the site or sites at which it is to perform its work, not to a tow truck lifting apparatus where, after it is engaged, the tow truck is then employed to transport the towed vehicle to the intended destination.
Stevens v American Bankers Insurance Co., 651 S2d 1219 (Fla App 1995).