Druggist

The case having been tried on an agreed statement of facts, plaintiff was given a declaratory judgment decreeing that defendant insurance company (referred to herein as “Travelers”) was liable to plaintiff (referred to herein as “Brunswig”) as an additional insured under a Travelers policy covering a rubbish truck owned by the employer of one Horn for the undisputed costs of settlement of a prior personal injury action filed by Horn against plaintiff. The basic issue below, as well as here, was whether Horn’s accident arose out of the “use” of the truck, which term expressly “includes the loading, and unloading thereof. ’ ’

The parties stipulated to the following facts. Horn was the authorized operator of the insured vehicle which was used to pick up boxes and other waste from various concerns, including Brunswig; he had been thus engaged for about one year, stopping at Brunswig’s premises five days of each week. On the date of the accident, Horn had parked his truck at the entrance to Brunswig’s waste well, about 20 feet from the point where his injuries were subsequently sustained; thus, at the moment of the accident he was in the waste well and engaged in the process of moving…