Does “Any Auto” Mean Any Auto? A Business Auto Coverage Analysis
The Scenario
In Smokey and the Bandit, Big Enos Burdette hires the Bandit to transport 400 cases of Coors beer from Texarkana to Atlanta within 28 hours.
Bandit drives a Pontiac Trans Am as the blocker while Snowman operates the tractor-trailer carrying the cargo. What follows is a high-speed trip across multiple states involving collisions, bodily injury and property damage to several third parties.
The injured parties sue both Bandit and Burdette. They allege that Burdette is legally responsible for Bandit’s actions and was negligent in hiring him to perform the assignment.
Burdette has a Business Auto Policy providing Liability Coverage using Symbol 1, “Any Auto.”
The Coverage Question
Does Burdette’s Business Auto Policy have a duty to defend him against the lawsuits?
The Short Answer
Yes, there is a strong argument that the insurer has a duty to defend Burdette, but not simply because Symbol 1 appears on the declarations page.
“Any Auto” identifies which autos are covered for Liability Coverage. It does not, by itself, answer every other question required to establish coverage.
The Coverage Cut
The standard ISO Business Auto Coverage Form, CA 00 01, requires more than the involvement of an automobile.
The coverage analysis must establish that:
Bodily injury or property damage occurred.
The injury or damage was caused by an accident.
The accident resulted from the ownership, maintenance or use of a covered auto.
The occurrence took place within the coverage territory.
The injury or damage occurred during the policy period.
The person or organization seeking coverage must also qualify as an insured, and no exclusion or policy condition can eliminate the coverage that would otherwise apply.
Is Burdette an Insured?
Assuming Burdette is the named insured, the Business Auto Coverage Form treats him as an insured for any covered auto.
Because Symbol 1 applies to Liability Coverage, both the Trans Am and the tractor-trailer can satisfy the covered-auto requirement even if Burdette does not own them.
That is an important distinction. Symbol 1 provides the broadest covered-auto designation, but the analysis cannot stop there.
Did the Damages Result From the Use of a Covered Auto?
The lawsuits arise from bodily injury and property damage allegedly caused by accidents involving the Trans Am and tractor-trailer. Those damages appear to result from the use of covered autos.
The allegations against Burdette include vicarious responsibility for Bandit’s conduct and Burdette’s own alleged negligence in hiring him.
A liability claim does not necessarily need to arise solely from the named insured’s personal operation of the vehicle. The question is whether the claimed damages meet the policy’s requirements and whether the party seeking protection qualifies as an insured.
What About the Illegal Assignment?
The fact that the trip involved illegal conduct does not automatically eliminate Business Auto Liability Coverage. The standard coverage form does not contain a broad exclusion for every accident occurring during an unlawful activity.
An insurer could examine the Expected or Intended Injury exclusion, particularly because Burdette knowingly hired Bandit to complete a dangerous, unlawful and time-sensitive trip. But knowingly creating a hazardous situation is not necessarily the same as expecting or intending the resulting bodily injury or property damage.
The application of that exclusion would depend on the allegations, evidence, governing law and standpoint of the insured seeking coverage.
Why the Duty to Defend Matters
The duty to defend is generally determined by comparing the allegations in the lawsuit with the coverage provided by the policy, subject to the law of the applicable jurisdiction.
If the allegations create the potential for covered liability, the insurer may have a duty to defend even when facts developed later could affect whether it must ultimately pay a judgment or settlement.
Here, the lawsuits allege accidental bodily injury and property damage arising from the use of autos covered under Symbol 1, and they seek to hold the named insured legally responsible. Those allegations create a substantial basis for a defense obligation.
The Practical Lesson
A covered-auto symbol is the beginning of a Business Auto coverage analysis, not the conclusion.
Seeing Symbol 1 and announcing “covered” skips several essential questions. The reader must work through the coverage agreement, determine who qualifies as an insured, connect the damages to the ownership, maintenance or use of a covered auto, and then evaluate the exclusions and conditions.
That is the difference between recognizing a coverage symbol and applying the policy.
Reel Risk Takeaway
Symbol 1 may make the Trans Am and tractor-trailer covered autos, but “Any Auto” does not mean “any auto-related claim is automatically covered.”
Every coverage decision requires the complete policy analysis.
Professional Insurance Foundation uses realistic scenarios and policy-language exercises to help insurance professionals move beyond memorizing definitions and develop applied coverage judgment.
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Educational discussion only. Coverage ultimately depends on the complete policy, endorsements, allegations, facts and applicable law.
