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Hertz Corporation v. Bellin

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1967
28 A.D.2d 1101 (N.Y. App. Div. 1967)

Summary

returning to a truck with an empty dolly to refill it for purposes of further unloading and delivering was "part and parcel of (the process of) unloading"

Summary of this case from Furnishare Inc. v. Travelers Prop. Cas. Co. of Am.

Opinion

November 2, 1967


Judgment in favor of plaintiff in this declaratory judgment action, unanimously reversed, on the law and on the facts, complaint dismissed and judgment awarded to defendant, The Travelers Insurance Company, for the relief prayed for in its counterclaim, with $50 costs and disbursements to appellant. The accident for which the defendant partnership was sued occurred while one of said partnership's employees was in the course of "loading and unloading" a vehicle, as provided for and covered by the Combination Automobile Policy of Insurance issued by plaintiff's predecessor. The term "loading and unloading" covers "the entire operation of making commercial pickups and deliveries" ( Wagman v. American Fid. Cas. Co., 304 N.Y. 490, 494). The employee's return to the truck with his empty dolly for the purposes of further unloading and delivering was "part and parcel of [the process of] unloading, and the unloading was not completed until delivery was effected and it was not completed at the time of the accident" ( Travelers Ins. Co. v. Saunders Sons, 18 A.D.2d 126, 128, affd. 13 N.Y.2d 1019). Settle order on notice.

Concur — Botein, P.J., Eager, Capozzoli, Rabin and McGivern, JJ.


Summaries of

Hertz Corporation v. Bellin

Appellate Division of the Supreme Court of New York, First Department
Nov 2, 1967
28 A.D.2d 1101 (N.Y. App. Div. 1967)

returning to a truck with an empty dolly to refill it for purposes of further unloading and delivering was "part and parcel of (the process of) unloading"

Summary of this case from Furnishare Inc. v. Travelers Prop. Cas. Co. of Am.
Case details for

Hertz Corporation v. Bellin

Case Details

Full title:HERTZ CORPORATION, as Successor in Interest to Atlantic National Insurance…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 2, 1967

Citations

28 A.D.2d 1101 (N.Y. App. Div. 1967)

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