National American Insurance v. Harleysville Lake States Insurance

622 F. App'x 570
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 29, 2015
DocketNo. 14-3699
StatusPublished

This text of 622 F. App'x 570 (National American Insurance v. Harleysville Lake States Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National American Insurance v. Harleysville Lake States Insurance, 622 F. App'x 570 (7th Cir. 2015).

Opinion

ORDER

Robert Harden sued Venture Logistics, Inc. (“Venture”) and Trevell LaSha Parker, a tractor-trailer driver for Venture, for injuries he sustained when Parker prematurely drove away from a dock with Harden inside the trailer. State National Insurance Company, through National American Insurance Company (“NAICO”), and Harleysville Lake State Insurance Company (“Harleysville”) insured Venture at the time of the accident. After NAICO settled with Harden for $800,000, NAICO and State National filed an action against Harleysville seeking a declaration that coverage for the Harden suit was excluded under the State National policy and covered by the Harleysville policy. The suit also sought subrogation or contribution from Harleysville. Both parties moved for summary judgment. The district court denied NAICO and State National’s motion for summary judgment and granted Har-leysville’s motion, finding that the State National policy provided coverage and that the Harleysville policy did not provide coverage. We agree and, therefore, affirm.

I. BACKGROUND

Venture is a trucking company. Indy Powder Coating is a Venture customer. On February 9, 2009, Parker, a Venture truck driver, went to Indy Powder to deliver goods. Harden, a forklift operator for Indy Powder, unloaded the skids with a forklift from the Venture tractor-trailer. The job required Harden to drive a forklift into the tractor-trailer to unload the skids. Parker remained in the driver’s seat while Harden unloaded. After Harden unloaded a few skids, Parker asked if Harden was finished. Harden said “no.” Thereafter a forklift horn sounded, the signal indicating that unloading was complete, and Parker began to drive away with Harden inside the trailer.

Worried that the forklift would slide out of the trailer, Harden took off his seat belt, engaged the emergency brake, and jumped off the forklift. He ran to the end of the trailer and waved his hand out of the back of the trailer to get Parker’s attention in the side view mirror of the tractor-trailer. The forklift slid down the trailer and pinned Harden against the wall. He man[572]*572aged to get one leg free, but partially fell out of the trailer. Another truck driver sounded his horn and was able to get Parker to stop her forward motion. Harden sustained serious injuries from being pinned against the tractor-trailer wall by the forklift. Harden filed a lawsuit against Venture.

At the time of the accident, Harleysville and State National insured Venture. On February 11, 2009, Venture reported the accident to NAICO, who was responsible for handling State National’s claims. NAICO defended Venture without reservation under the State National-issued Commercial Truckers Coverage Policy until late 2012. At that time, NAICO realized that an exclusion may apply to the claim because NAICO had another claim involving a forklift that dealt with the same exclusion. On November 30, 2012, NAICO notified Harleysville that it may have liability for the accident. • Harleys-ville denied coverage for the accident pursuant to an exclusion in the Commercial Lines Policy it issued to Venture. On May 25, 2013, NAICO settled the Harden lawsuit on behalf of Venture for $800,000.

On August 15, 2013, NAICO and State National filed the underlying suit against Harleysville seeking two declarations: (1) that coverage for the Harden accident was excluded under the State National policy,, and (2) that stated that coverage for the suit was covered under the Harleysville policy. In the remaining counts, NAICO and State National sought subrogation as well as contribution.

The parties filed cross-motions for summary judgment. The district court granted Harleysville’s motion and denied NAI-CO and State National’s motion finding that the State National policy covered the accident, while the Harleysville policy did not cover the accident. The district court also found that since Harleysville’s policy did not provide coverage, Harleysville had no duty of subrogation or contribution. NAICO and State National appeal.

II. ANALYSIS

We review the district court’s grant of summary judgment as well as its construction of the insurance policy de novo. Auto-Owners Ins. Co. v. Munroe, 614 F.3d 322, 324 (7th Cir.2010). The parties agree that Indiana law governs the interpretation of each policy’s language. Under Indiana law, “if a contract is clear and unambiguous,' the language therein must be given its plain meaning.” Beam v. Wausau Ins. Co., 765 N.E.2d 524, 528 (Ind.2002). The court will' find contract language ambiguous only if reasonable people “could honestly differ as to the meaning of the policy language.” Fed. Ins. Co. v. Stroh Brewing Co., 127 F.3d 563, 567 (7th Cir.1997).

We must first review the policy language. The State National Policy provides, in pertinent part:

SECTION II — LIABILITY COVERAGE
A. Coverage
We will pay all sums an “insured” legally must pay as damages because of “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto.”
We have the right and duty to defend any “insured” against a “suit” asking for damages.
B. Exclusions
This insurance does not apply to any of the following.
[573]*5738. The Movement Of Property By Mechanical Device
“Bodily injury” or “property damage” resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered “auto.”

The Harleysville policy provides, in pertinent part:

COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurancei applies.
2. Exclusions
This insurance does not apply to:
g. Aircraft, Auto, Or Watercraft “Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading and unloading.”

The Harleysville policy provides the following definition:

“Loading or unloading” means the handling of property:
[Ljoading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or “auto.”

NAICO and State National argue that the Harleysville policy excludes coverage for bodily injury that arises out of the use of a tractor-trailer, unless the injury occurs while an individual loads and unloads property from the tractor-trailer by a mechanical device, like a forklift, not attached to the tractor-trailer.

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Related

Auto-Owners Insurance v. Munroe
614 F.3d 322 (Seventh Circuit, 2010)
Westfield Insurance Company v. Candace Herbert
110 F.3d 24 (Seventh Circuit, 1997)
Beam v. Wausau Insurance Co.
765 N.E.2d 524 (Indiana Supreme Court, 2002)
Sharp v. Indiana Union Mutual Insurance Co.
526 N.E.2d 237 (Indiana Court of Appeals, 1988)
Franz v. State Farm Fire & Casualty Co.
754 N.E.2d 978 (Indiana Court of Appeals, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
622 F. App'x 570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-american-insurance-v-harleysville-lake-states-insurance-ca7-2015.