Agway Insurance v. Goodville Mutual Casualty
Agway Insurance v. Goodville Mutual Casualty
Opinion of the Court
OPINION
Agway Insurance Company appeals the Order of the United States District Court
We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over appeals from a grant of summary judgment, Dewitt v. Penm-Del Directory Corp., 106 F.3d 514, 520 (3d Cir. 1997), and reviews of questions of law. American Flint Glass Workers Union v. Anchor Resolution Corp., 197 F.3d 76, 80 (3d Cir. 1999).
Diller was operating a cattle truck, which belonged to Donald Herr, to deliver a steer to a butcher shop for slaughter. The truck was insured by Agway. During unloading, the steer escaped and ran onto a local road, eventually colliding with an automobile, driven by Brenda Sprecher. The collision resulted in property damage and personal injury to Sprecher. Diller is insured by Goodville. Both Goodville and Agway denied responsibility to indemnify and defend Diller against the Sprecher Action.
Agway claims that the District Court erred in holding that Goodville was relieved of defending or indemnifying Diller under the “motor vehicle” exclusion of its Farm Personal Liability policy. The Goodville policy excluded coverage for property damage or personal injury resulting from:
the ownership, operation, maintenance, use, occupancy, renting, loaning, entrusting, supervision, loading or unloading of motorized vehicles ... owned or operated by or rented or loaned to an insured.
(emphasis added).
The District Court determined that, as a matter of fact, the steer escaped as the truck was being unloaded and that the Goodville policy excluded coverage for injury resulting from the unloading of a vehicle. Thus, Goodville was relieved of defending or indemnifying Diller in the Sprecher Action.
Agway further contends that the District Court erred in finding that Ag-way’s. commercial automobile policy required it to defend and indemnify Diller in the Sprecher Action. The applicable provision of the Agway policy states that Ag-way will:
pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto.”
Pursuant to Pennsylvania law, to be within the scope of coverage under such a policy, the use of the vehicle must be causally connected to the injury; where a vehicle is “merely incidental” to the accident, it is not in “use” within the meaning of the policy. State Auto. Ins. Ass’n v. Kuhfahl, 364 Pa.Super. 230, 527 A.2d 1039, 1043-1044 (1987). Agway claims that the vehi
For the foregoing reasons, we will affirm the judgment of the District Court.
Reference
- Full Case Name
- AGWAY INSURANCE COMPANY v. GOODVILLE MUTUAL CASUALTY Jerry Diller Brenda Sprecher
- Cited By
- 2 cases
- Status
- Published