Home Indemnity Co. v. Harleysville Mutual Insurance ( 1969 )

Brailsford, Justice

(concurring):

I concur in the result reached by the Chief Justice. However, I would arrive at this conclusion in one step instead of two. I see no necessity for invoking the loading and unloading clause, which in turn makes necessary a construction of the exclusionary clause relating to these procedures. At the time of the accident, the truck was actually engaged in the transportation of its cargo to scales on the premises. The injury-producing accident was an ordinary collision between a moving vehicle and a pedestrian. This use of the truck was with the permission of the insured and fastens liability upon the insurer. It is beside the point whether the transportation of the chickens to the scales was also the commencement of the unloading process. To say, as has frequently been done, that “(u)nder the ‘complete operation’ doctrine, the ‘loading and unloading’ clause covers the entire process involved in the movement of goods from the moment when they are given into the insured’s possession until they are turned over at the place of destination to the party to whom delivery is to be made * * *” should not be applied literally. What is actually meant is that an insurance contract, including a loading and unloading clause, provides coverage during the complete operation from the time that the insured takes possession of the goods until delivery is made.

“The phrase ‘including the loading or unloading’ has generally been recognized to be one of extension, expanding the expression ‘use of the truck’ beyond its connotation otherwise and covering operations or acts in which the movement of the truck itself does not play a part, * * *” 7 Am. Jur. (2d) Automobile Insurance, Sec. 87. Application of the clause is inappropriate here where the truck in motion was involved in the accident. In my view, this is a simple use case. Hence, Harleysville provided coverage.

Bussey, J.,- concurs.