St. Paul Fire & Marine Insurance v. Hartford Accident & Indemnity Co.

In this declaratory relief action plaintiff St. Paul Fire & Marine Insurance Company is a truck liability insurer which seeks to impose coverage on two other truck insurance carriers under the “loading and unloading” clauses of the others’ policies. The suit was submitted for decision on an agreed statement of facts supplemented by additional evidence. There is no factual dispute.

The array of parties to the accident, policyholding employers and insurance carriers is as follows: A. Teiehert & Son, Inc., a general contractor, The Fidelity and Casualty Company of New York, its insurer; Herbert D. Shaffer, injured driver of sand truck, Hess-Mace Trucking Co., his employer, Hartford Accident and Indemnity Company, its insurer; Doyle Walker, driver of water truck, Marion’s Trucking Co., his employer, St. Paul Fire & Marine Insurance Company, its insurer.

A. Teiehert & Son, Inc., was building a highway overpass, one end of which would extend crosswise from the crest of an earthen ramp structure paralleling the highway. The structure had a flat crest and an approach ramp at each end. A sand subbase had to be laid on the ramps. Teiehert entered into a subcontract with Hess-Mace Trucking…