Planet Ins. v. Anglo American Ins.

711 A.2d 899, 312 N.J. Super. 233
CourtNew Jersey Superior Court Appellate Division
DecidedMay 22, 1998
StatusPublished
Cited by9 cases

This text of 711 A.2d 899 (Planet Ins. v. Anglo American Ins.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Planet Ins. v. Anglo American Ins., 711 A.2d 899, 312 N.J. Super. 233 (N.J. Ct. App. 1998).

Opinion

711 A.2d 899 (1998)
312 N.J. Super. 233

PLANET INSURANCE COMPANY, Plaintiff-Appellant,
v.
ANGLO AMERICAN INSURANCE COMPANY, LTD., Defendant/Third-Party Plaintiff-Respondent,
v.
INTERNATIONAL MOTOR FREIGHT, INC., Third-Party Defendant.
AETNA INSURANCE COMPANY, as Subrogee of Bayway World of Liquors, Third-Party Plaintiff,
v.
PLANET INSURANCE COMPANY, Anglo American Insurance Company, Ltd., Edward Gentile and Ciro Gentile, and International Motor Freight, Inc., Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Argued April 29, 1998.
Decided May 22, 1998.

*900 Richard D. Picini, West Orange, for plaintiff-appellant (Picillo Caruso, attorneys; Adrienne Matthews, on the brief).

Ernest W. Schoellkopff, Roseland, for defendant/third-party plaintiff-respondent, (Connell, Foley & Geiser, attorneys; Kevin J. Coakley, of counsel; Mr. Schoellkopff, on the brief).

Before Judges BAIME and BRAITHWAITE.

The opinion of the court was delivered by

BRAITHWAITE, J.A.D.

Plaintiff, Planet Insurance Company (Planet), filed a declaratory judgment action seeking a determination that defendant Anglo American Insurance Company (Anglo) was obligated to provide primary liability coverage pursuant to an insurance policy issued to defendant Edward Gentile (Edward) for a motor vehicle accident that occurred on June 20, 1992. Anglo moved for summary judgment asserting, inter alia, that an exclusion in its policy precluded coverage for the accident caused by Ciro Gentile (Ciro). Planet cross-moved for summary judgment contending that the Anglo policy provided primary coverage for the accident. The judge granted Anglo's motion for summary judgment and denied Planet's cross-motion for summary judgment.

Planet now appeals and contends:

POINT I

THE ANGLO AMERICAN BOBTAIL POLICY WAS TRIGGERED AT THE TIME OF THE UNDERLYING ACCIDENT AS CIRO GENTILE WAS NOT ACTING WITHIN THE SCOPE OF THE LESSEE'S BUSINESS AT THE TIME OF THE ACCIDENT.

POINT II

AS A MATTER OF LAW, FEDERAL REGULATIONS WHICH IMPOSE STRICT LIABILITY ON A CARRIER/LESSEE DO NOT ABSOLVE A LESSOR OR ITS INSURER FROM PERFORMING CONTRACTUAL OBLIGATIONS.

POINT III

IT WAS THE REASONABLE EXPECTATION OF EDWARD GENTILE THAT BOBTAIL INSURANCE WOULD PROVIDE COVERAGE WHEN THE INSURED VEHICLE WAS NOT OPERATING UNDER DISPATCH.

We reject Planet's arguments and affirm.

I

The facts are not in dispute. On May 22, 1991, Edward, the owner of a 1979 Mack tractor, leased the tractor to defendant International Motor Freight, Inc. (IMF), an *901 interstate carrier licensed by the Interstate Commerce Commission (ICC).[1] The lease had a termination date of June 30, 1992. One provision of the lease provided that IMF assumed full responsibility for the operation of the tractor during the period that it was actually operated by or for IMF while the lease was in effect.

Pursuant to applicable federal regulations, IMF secured liability insurance from Planet to cover the tractor. Planet's policy provided combined single limit coverage of $1,000,000. Edward also obtained "bobtail" insurance on the tractor from Anglo to provide coverage when the tractor was being used for nontrucking purposes. That policy provided combined single limit coverage of $300,000.

Ciro, Edward's father, also worked for IMF pursuant to a lease of his 1978 International truck. Shortly before June 20, 1992, Ciro's truck developed engine trouble and the tractor needed repairs. As a result, Ciro sold his truck and took the tractor to a welder to be repaired. On June 20, 1992, Edward took Ciro to the welder to pick up the repaired tractor. On the way home, Ciro stopped at the cleaners to pick up his clothing. After leaving the cleaners and continuing home, Ciro was involved in a motor vehicle accident in Elizabeth, when he lost control of the tractor and struck several vehicles before crashing into Bayway World of Liquors. At the time of the accident, the tractor was not attached to the trailer, but it displayed placards of IMF. As a result of the accident, several personal injury actions were initiated naming Edward, Ciro, and IMF as defendants (underlying actions).[2] After the accident, Ciro continued to operate the tractor for IMF until his driver's license was suspended in 1993. Edward's relationship with IMF ended in August 1992.

Planet defended the Gentiles and IMF in accordance with ICC regulations and settled the underlying actions for $338,993.64.[3] On March 26, 1996, Planet commenced this declaratory judgment action seeking reimbursement from Anglo for the sums paid to settle the underlying actions. Anglo denied coverage based upon a provision in its policy that excludes coverage for a vehicle when it is used in the course or scope of the commercial business of the insured. Third-party plaintiff Aetna Insurance Company (Aetna), subrogee of Bayway World of Liquors, intervened and filed a third-party complaint seeking damages of $27,924.87 on account of damages to the liquor store.

Following cross-motions for summary judgment by Anglo and Planet, the judge concluded that the Anglo policy did not provide coverage for the June 20, 1992, accident, and that Planet had the primary and sole responsibility for damages, including Aetna's. Thereafter, Planet settled with Aetna. This appeal followed.

II

In granting summary judgment to Anglo, the judge stated:

Planet's action rests on its argument that [Ciro's] personal errand to the dry cleaner is enough to permit a factual question as regard [to] whether [Ciro] was driving the tractor for business purposes. But the primary reason for [Ciro's] driving the tractor on the date of the subject accident, it clearly appears, was to pick up the tractor from the repair shop as he was required to do so under the lease. The fact that [Ciro] stopped for a short time to pick up some dry cleaning cannot reasonably support a straight-faced assertion that he *902 was using the tractor outside of the scope of the lease.
It is reasonable to say that Anglo's insurance policy was obtained as a safeguard for the rare situations where [the Gentiles were] using a tractor for wholly personal reasons completely unrelated to ... business. That might have been the case if on the day in question Ciro Gentile used the tractor for the sole purpose of picking up his dry cleaning and running other personal errands. That not being the case, the Court is of the opinion that Anglo ... is not obligated to provide coverage under the circumstances set forth therein.

We agree with the motion judge. The central issue is whether at the time of the accident, the tractor was being "used in the course and scope of the commercial business of the [i]nsured." We find that it was, and thus Anglo's policy does not provide coverage.

As an interstate carrier, IMF's lease and Planet's insurance policy are governed by federal law and regulations, 49 U.S.C. § 301 et seq. and the ICC regulations promulgated thereunder. See Casey v. Selected Risks Ins. Co., 176 N.J.Super. 22, 29-30, 422 A.2d 83 (App.Div.1980); Felbrant v. Able, 80 N.J.Super. 587, 597-98, 194 A.2d 491 (App. Div.1963). A purpose of the ICC regulations is to safeguard the public while using the highways. Felbrant, supra 80 N.J.Super. at 598, 194 A.2d 491. See generally American Trucking Ass'ns, Inc. v.

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Cite This Page — Counsel Stack

Bluebook (online)
711 A.2d 899, 312 N.J. Super. 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/planet-ins-v-anglo-american-ins-njsuperctappdiv-1998.