Is a plaintiff's claim for damages arising out of a collision involving a tractor that causes damage to the truck driver's car?

California, United States of America


The following excerpt is from Hendrickson v. Zurich American Ins. Co. of Illinois, 72 Cal.App.4th 1084, 85 Cal.Rptr.2d 622 (Cal. App. 1999):

Appellants contend the policies potentially covered the growers' action under the coverage for property damage. As noted, the policies define "property damage," in relevant part, as: "a. Physical injury to tangible property, including all resulting loss of use of that property; or [p] b. Loss of use of tangible property that is not physically injured." The clear and unambiguous meaning of this definition is that loss of use of tangible property is distinct from physical injury to the property in question and is not limited to losses caused by or relating to some physical injury of the property. (See Borg v. Transamerica Ins. Co. (1996) 47 Cal.App.4th 448, 456-457, 54 Cal.Rptr.2d 811 (Borg ).)

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