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| November 2011, Volume 59 |
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220_C102
ROAD RAGE TRIGGERS COVERAGE DISPUTE
Donald Goode was driving a tractor-trailer
for his employer, Dahlonega Transport, on Interstate 75 on December 8, 2002. At
some point, he passed William Porter, who was also driving a tractor-trailer.
Apparently this angered Porter, who accelerated and pulled in front of Goode.
The drivers continued to pass each other. According to Goode, Porter cut him
off as he attempted to change lanes. He contacted Porter on his radio and
complained about his driving. Porter stopped his truck on
the side of the highway and asked Goode to do the same. Goode pulled over and
parked his truck in front of Porter. As he was exiting his truck he saw Porter
unexpectedly pull back onto the highway. He also saw a vehicle already on the
highway lose control as its driver attempted to avoid Porter's merging truck.
The vehicle, driven by John Werner, crashed into an embankment. As a result of
this accident, Werner was seriously injured, and his wife was killed. Werner sued, among others,
Goode, Dahlonega Transport and Lancer Insurance Company (Lancer), Dahlonega's
commercial automobile insurance carrier. He later filed a complaint against
United National Insurance Company (United), Dahlonega's general liability
carrier. The Lancer automobile policy
provided: "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.'" The United liability policy excluded
"['b]odily injury' or 'property damage' arising out of the ownership,
maintenance, use or entrustment to others of any . . . 'auto' . . . owned or
operated by . . . any insured." Lancer settled with Werner
but reserved its right to pursue payment from United. It then filed a declaratory
judgment action claiming that United was responsible for coverage. The lower
court found in favor of United and Lancer appealed. In reaching its decision,
the trial court had determined that Goode's truck was still being
"used" within the meaning of the Lancer policy when Porter pulled
back into traffic. The Court of Appeals of Georgia disagreed. It found that
there was no evidence that Goode was using his truck when the accident
occurred. Goode had pulled his truck off the highway, and he had exited the
vehicle. According to the appellate court, "Werner's injuries and death
may have resulted from Porter's vehicle use, but not any use by Goode."
The accident was "too remote from Goode's vehicle use" to fall under
the Lancer policy. The decision of the lower
court was reversed. Lancer Insurance Company vs.
United National Insurance Company-No. A08A1271-Court of Appeals of
Georgia-October 27, 2008-668 South Eastern Reporter 2d 865 |