Planchon

*1318 Opinion

At the heart of this insurer/insured dispute is a standard pickup truck modified with a hydraulic scissors lift, a device that raises and lowers a container called a “bed.” The issue presented is whether this vehicle so modified is an “auto” or “mobile equipment” for purposes of a commercial general liability policy. We agree with the trial court’s conclusion that the pickup is “mobile equipment,” and therefore not an excluded peril.

Background

The vehicle at issue is owned by defendants Russell Planchón, Paul Planchón, and their company, Planchón Roofing & Siding (defendants) and used in the firm’s roofing business. The truck was involved in a bizarre accident that led to this litigation.

The circumstances of the underlying accident are not in dispute. On May 26, 1996, the truck was driven to the site where defendants were engaged to replace a tar and gravel roof. Gravel used for the roofing procedure was loaded into the truck’s bed and the bed was raised. The weight of the raised, loaded bed was greater than the stability of the truck’s position. The bed toppled over, striking a nearby “kettle,” the familiar device using burning propane to melt asphalt roofing…