International Business Machines Corp. v. Truck Insurance Exchange

Sheldon Hatton, an employee of Red Line Carriers (hereinafter Red Line), while moving a desk, slipped on an eraser on the floor of *1028 the loading dock of the International Business Machines Corporation (hereinafter IBM) and sustained personal injuries. Hatton’s suit against IBM precipitated the present dispute over insurance coverage between Truck Insurance Exchange (hereinafter Truck), Red Line’s insurer, and Zurich Insurance Company (hereinafter Zurich), IBM’s carrier. The trial court found that the Truck policy provided no coverage for the incident, and these appeals followed.

We hold that IBM’s maintenance of the loading dock does not in itself convert IBM into a “user” of the Red Line truck; hence IBM is not an additional insured under the Truck policy. This conclusion accords with the trial court judgment and disposes of the case.

On October 1, 1963, two employees of Red Line, John Mazzullo and Sheldon Hatton, drove a Red Line truck to the IBM premises. During the morning, pursuant to IBM’s instructions, they moved various pieces of furniture and equipment around those premises. About 3 p.m. the IBM coordinator directed them to move a chair and desk from IBM…