Getty Oil Co. v. Hartford Insurance Group

Alfred Kingsley, a truck driver for Seaside Oil Company, slipped and fell while delivering crude oil to the Getty Oil Company’s Gaviota terminal. This declaratory rehef action seeks to determine whether The Travelers Insurance Company, which provided premises liability insurance for Getty, or The Hartford Insurance Group, which provided automobile liability insurance for Seaside, covers Getty’s liability for Kingsley’s injuries. If Hartford’s insurance applies its coverage is primary and the case is concluded, because Hartford has already settled Kingsley’s claim within liability limits. The trial court found that Hartford’s insurance did apply, and Hartford has appealed.

The facts are stipulated: Kingsley had hauled crude oil in Seaside’s truck to Getty’s Gaviota terminal many times. He always unloaded at the same spot. As a general rule he would pull up to the unloading station, shut off his engine, and hook up the static straps. He would then attach an unloading spout, open the valve, and drain the oil from the truck. After replacing the spout, he would ordinarily mop up any spilled crude oil. The unloading operation took about half an hour. Oil was sometimes spilled,…