399 So. 2d 442 | Fla. Dist. Ct. App. | 1981
Loyce Neel was a carpenter, employed by Gold Coast Forms, Inc., working on a condominium building. At the same building project, Connie May was operating a crane owed by Dick’s Crane Service, Inc. (Dick’s Crane). The crane was lifting a precast form up to the fourth floor of the condominium building, where Neel was to guide it into place. While gripping the form, Neel fell to the ground. He subsequently sued Dick’s Crane for his injuries.
Dick’s Crane Service, Inc. was insured by American States Insurance Company (American States) and requested it to defend the case. American States refused on the ground that their policy did not provide coverage for this incident. Both parties moved for summary judgment on the third party complaint. The trial court found that the policy of insurance issued by American States did not expressly exclude the truck crane from coverage, and entered summary judgment on the third party complaint in favor of Dick’s Crane. It is this order that American States is appealing.
The liability portion of the policy defined an “automobile” as:
A land motor vehicle, trailer or semi-trailer, designed for travel on public roads (including any machinery or apparatus attached thereto), but does not include mobile equipment.
The policy further defined “mobile equipment” in part as:
A land vehicle (including any machinery or apparatus attached thereto), whether or not self-propelled, ... which is designed or maintained for the sole purpose of affording mobility to equipment of the following types forming an integral part • of or permanently attached to such vehicle: power cranes....
The above definitions clearly exclude cranes from liability coverage under the policy. Therefore, the trial court was incorrect in finding that cranes were not
REVERSED and REMANDED.