Liberty Mut. Fire Ins. Co. v. Axis Surplus Ins. Co.

The insured's non-trucking automobile policy with the plaintiff explicitly excluded coverage while the covered truck was en route to or from delivering a load.

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After Donnette Vaughn filed a personal injury lawsuit against John Smith for injuries she sustained in an automobile accident, a dispute arose between Axis Surplus Insurance Company and Liberty Mutual Fire Insurance Company regarding whether they were obligated to indemnify or defend Smith in connection with the lawsuit. Axis filed a complaint for declaratory judgment, Liberty filed a counter-claim, and both parties filed motions for summary judgment. The trial court granted the motion for summary judgment filed by Axis and denied the one filed by Liberty. Liberty appeals, claiming that the trial court erred in failing to consider a lease agreement between Smith and his employer in determining the intent of the parties regarding insurance coverage and that Smith was not an “insured” under the Liberty policy. We discern no error and affirm. Summary judgment is appropriate when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.1 We apply a de novo standard of review to an appeal from the grant or denial of summary judgment, and we view the evidence and all reasonable inferences drawn from it the light most favorable to the nonmoving party.2

So viewed, the record shows that on October 14, 2004, Smith entered into an agreement with Bennett Truck Transport, LLC, pursuant to which he exclusively leased his 1985 International 9670 truck to Bennett and used the truck to transport mobile homes or offices on its behalf. On October 29, 2004, Smith drove from his home in Douglas to pick up a mobile office trailer from Bennett’s facilities in Alma. Smith hired Vaughn and Justin Griffin to serve as escort drivers and assist him in delivering the trailer to Charleston, South Carolina.

Liberty Mut. Fire Ins. Co. v. Axis Surplus Ins. Co.

The insured's non-trucking automobile policy with the plaintiff explicitly excluded coverage while the covered truck was en route to or from delivering a load.

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