A fire broke out in a vehicle parked at a loading dock, while the cooling system was in operation. Fifteen lorries were impacted, and an industrial building and goods were destroyed.
Lorries that transport food products are kept cool by a refrigeration unit that operates on a heat pump or powered by electricity when plugged in to an electrical supply.
Under the Badinter law, the automotive liability insurer was called to account by the insurer of the building due to the vehicle’s involvement in the fire.
GM CONSULTANT INTERVENTION
The technical investigations carried out by GM Consultant’s loss adjusters as part of the legal proceedings demonstrated that the fire originated in the refrigeration unit and therefore from the vehicle’s “tool” function.
The automotive liability insurer was thus exonerated, to the detriment of the transporter’s third party liability insurer.