26 S.E.2d 116 | Ga. Ct. App. | 1943
An insurance policy providing for liability for damages caused by accident arising out of the ownership, maintenance, or use of a described automobile truck, does not cover an injury sustained by one who slipped and fell on a pool of oil which had leaked on a sidewalk from the tank of an oil-tank truck, such injury resulting from a leakage of the load of the truck, the leak not being peculiar to a motor vehicle as such and intrinsically related to the machine itself, the use and operation of the truck having no connection with the injury.
The action is predicated on the theory that the insurance policies issued by the two companies provide concurrent insurance covering the injury suffered. Without deciding whether such is the case we shall assume that they do. The insurance contract issued by the Ocean Accident c. Corporation was issued to DeSoto Hotel, whose occupation was therein stated to be "hotel." The automobile described in the policy is "1938 Chevrolet truck, tank body with 1 1/2 tons cab." The purposes for which the truck was to be used were not stated in the space provided for such statement. The policy provided for liability of the insurance company for damages caused by accident arising out of the ownership, maintenance, or use of the automobile, and that use of the automobile for the purposes stated included the loading and unloading thereof. It is conceded that the injury did not occur while the truck was being loaded or unloaded. The question is whether the injury arose out of the operation or use of the truck. *449
In Caron v. American Motorists Insurance Co.,
Mullen v. Hartford Accident Idemnity Co.,
Judgment reversed. Stephens, P. J., concurs. Sutton, J.,concurs in the judgment.