In August 2011, Mr. Scott Morrow (Morrow), a security guard, was injured while performing his duties by inspecting a truck owned by Wayne’s Vending (Wayne’s). Morrow sued for injuries he received when the Wayne’s employee/truck driver lowered the truck’s roll down door, striking Morrow’s neck and back. A lower court ruled against Morrow and in favor of Wayne’s Commercial General Liability (CGL) insurer, American Empire Surplus Lines Insurance Company (Empire). Morrow appealed.

The appeals court reconsidered the decision of the original court to agree with Empire. The insurer argued that its CGL policy’s automobile exclusion applied to the incident that injured Roberts as, in its judgment, the loss was from the use of an automobile. On the other hand, Morrow contended that, as the vehicle was not in motion at the time he inspected it, the truck was not “in use.” Specifically, the truck was not moving, nor was it being loaded, unloaded or, in any way, being operated as a truck.

However, after reviewing a related case and considering that the truck engine was being used to transport goods, but was just temporarily stopped, it was still being used as a vehicle, so the CGL “use of automobile” exclusion was applicable. The lower court decision in favor of Empire was affirmed.

*Scott Morrow v. State Farm Mutual Automobile Insurance Company, et al. No. 2105-CA-0578 Court of Appeals of Louisiana, Fourth Circuit. Filed June 29, 2016. Affirmed. Westlaw 196 So. 3d 773.

* Editor’s note: the “et al” portion includes American Empire Surplus Lines Insurance Co.