Tractor–Trailer Road Rage Triggers Coverage Dispute

Commercial Auto	Use of Auto
Bodily Injury	Property Damage

On December 8, 2002, Donald Goode was driving a tractor-trailer for Dahlonega Transport (Dahlonega), on Interstate 75. During the drive, he overtook William Porter (Porter), who was also operating a tractor-trailer. This seemed to upset Porter, who then sped up and moved in front of Goode. The two drivers continued passing each other. Goode reported that Porter cut him off when he was trying to change lanes and also used his radio to express frustration about Porter’s driving.

Porter stopped his truck on the side of the highway and asked Goode to do the same. Goode pulled over and parked in front of Porter. As he was exiting his truck. he saw Porter suddenly re-enter the highway. He also noticed a vehicle already on the highway lose control while trying to avoid Porter's merging truck. This vehicle, driven by John Werner (Werner), crashed into an embankment. Consequently, Werner was seriously injured, and his wife died.

 Werner sued several parties, including Goode, Dahlonega, and Lancer Insurance Company (Lancer), which provided Dahlonega's commercial automobile insurance. He later filed a complaint against United National Insurance Company (United), Dahlonega's general liability insurer.

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.

The trial court initially concluded that Goode's truck was still considered "used" under the Lancer policy when Porter re-entered traffic. However, the Georgia Court of Appeals disagreed, noting there was no proof that Goode was using his truck at the time of the accident. Goode had already pulled his truck off the highway and exited it. The appellate court stated, "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 lower court's decision 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