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The Travelers Insurance Co. v. Am. Hardware Mut. Ins. Co.

Supreme Judicial Court of Massachusetts
Jun 29, 1965
209 N.E.2d 344 (Mass. 1965)

Opinion

June 29, 1965.

Thomas F. Burke for the plaintiff.

Stephen A. Hopkins for American Hardware Mutual Insurance Company.


Decree affirmed. This is a bill for declaratory relief brought by The Travelers Insurance Company, a comprehensive general liability insurer of Nickerson Lumber Company, in which Travelers seeks a determination that American Hardware Mutual Insurance Company, motor vehicle liability insurer for Flax Pond Supply Company, is liable for injuries sustained by Flax Pond's employee as a result of the negligence of Nickerson's employee. American Hardware's policy provides that use of the motor vehicle "includes the loading and unloading thereof." When the injury occurred Nickerson's employee was operating a forklift and was removing some matter from a pile in order to make possible the loading of sheetrock which lay underneath. Sheetrock from another location of Nickerson's premises had already been loaded and Flax Pond's truck was standing eight to ten feet from the forklift. The judge ruled properly that the "loading and unloading" clause was inapplicable. The acts of the forklift operator were merely preparatory to loading the truck and did not constitute a use thereof. See Travelers Ins. Co. v. Safeguard Ins. Co. 346 Mass. 622, 624.


Summaries of

The Travelers Insurance Co. v. Am. Hardware Mut. Ins. Co.

Supreme Judicial Court of Massachusetts
Jun 29, 1965
209 N.E.2d 344 (Mass. 1965)
Case details for

The Travelers Insurance Co. v. Am. Hardware Mut. Ins. Co.

Case Details

Full title:THE TRAVELERS INSURANCE COMPANY vs. AMERICAN HARDWARE MUTUAL INSURANCE…

Court:Supreme Judicial Court of Massachusetts

Date published: Jun 29, 1965

Citations

209 N.E.2d 344 (Mass. 1965)
349 Mass. 768

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