Jerome Anderson, Jr. was struck and killed by a tractor truck driven by Donald Brady and owned by Robert Braden. The evidence showed that Braden had leased the tractor to J.W. Express, Inc., that it was used by the latter in its business as an interstate freight carrier, and that the tractor had a placard showing that name. The lease required Braden to obtain "bobtail" insurance to cover the tractor when it was not being operated in the freight business. J.W. Express, Inc. had a liability policy issued by Insurance Company of State of Pennsylvania (ICSP).

At the time of the accident Brady was operating only the tractor and was on his way to his home after a social visit with Braden. The record showed he was driving it with Braden's knowledge and permission.

ICSP filed a motion for summary judgment based on its belief that its policy did not cover the accident in view of the fact the tractor was not being used in the freight business. The trial court entered judgment in its favor. Brady appealed. His only argument was that a driver of a vehicle leased to a common carrier which bore its placards was a primary insured under the common carrier's liability policy.

The higher court ruled that Brady was not an "insured" under the policy and was not covered by the policy while he was driving the tractor home after a visit with the owner of the vehicle. The insured under the policy was J.W. Express, Inc., as the lessee. Braden had no protection as the owner and could not give Brady permission to use the tractor for personal reasons. The fact that the tractor carried placards showing lessee's business as an interstate carrier was not relevant since Brady was not hauling freight or pulling a trailer, and was not furthering the lessee's business at the time of the accident.

The judgment entered in the lower court in favor of ICSP was affirmed.

Tolliver, Exr. v. Braden; Brady, Appellant; Insurance Company of the State of Pennsylvania—No. C-950017—Court of Appeals of Ohio, First District, Hamilton County—June 26, 1996-677 North Eastern Reporter 2d 1249.