Galloway Crane & Trucking Co. v. Truck Ins. Exch.

Opinion

KINGSLEY, Acting P. J. This is an appeal from a judgment holding that the cross-defendant insurance companies were not liable to the cross-complainant for damages resulting from an injury occurring during the construction of a building. In the view we take of the case it is not necessary to outline in detail the interrelationships of the parties and their carriers, since we hold that the trial court correctly interpreted the applicable provisions of the insurance policies herein involved as applied to the facts of this case.

Briefly summarized, the pertinent facts are as follows: The injured person was an employee of the general contractor, James I. Barnes Construction Company (Barnes). He was injured when a cable, forming [388]part of a crane being used to lift concrete to forms located at the penthouse site of the seven-story building, broke, causing part of the crane to fall upon him. Barnes had sub-let to Blue Diamond Concrete Materials (Blue Diamond) the furnishing of concrete for the job.' Blue Diamond had hired Harlan Burden to deliver the concrete. Barnes had contracted with cross-complainant, Galloway Crane & Trucking Company (Galloway), to provide a crane to lift the cement furnished by Blue Diamond and delivered by Burden up to the penthouse level, where it was to be poured into forms constructed for that purpose. When Burden’s driver arrived at the construction site, he parked his truck at a point directed by Galloway’s employee. The cement was then transferred, by use of a shute on the truck, into buckets provided by Galloway; the buckets were lifted by the crane to the penthouse level and were then returned, empty, for a repeat of the process. The accident occurred while one bucket was being lifted by the crane.

It is not contested that the insurance policies herein involved provided coverage during the “unloading” of the Burden truck, and that, if the policies apply to this accident, Galloway is an insured under the policies. The issue before us is whether the lifting of the cement, after discharge from the truck into the buckets provided by Galloway, was part of the “unloading” process.

There are two California decisions involving somewhat similar facts. The insurance companies contend that those cases establish, for California, an interpretation of the term “unloading” which absolves them from liability. Galloway contends: (1) that those cases are distinguishable on their facts; and (2) that, in any event, the rule established by cases in other jurisdictions1 should be followed on the facts here. We agree with the position of the insurance carriers.