Huckabee Transport Corp. v. Western Assur. Co. of Toronto, Canada
| Citation | 238 S.C. 565,121 S.E.2d 105 |
| Decision Date | 26 July 1961 |
| Docket Number | No. 17810,17810 |
| Parties | HUCKABEE TRANSPORT CORPORATION, Respondent, v. WESTERN ASSURANCE COMPANY OF TORONTO, CANADA, Appellant. |
| Court | United States State Supreme Court of South Carolina |
Joseph L. Nettles, Columbia, for appellant.
Dalton R. Stokes, Columbia, for respondent.
Huckabee Transport Corporation, the respondent herein, instituted this action against Western Assurance Company of Toronto, Canada, the appellant herein, alleging that it breached its contract of insurance by failing to pay to the respondent the amount of a judgment recovered against it by Hoover Motor Express, Inc., on account of damages done to a certain air conditioning unit, togethr with costs and counsel fees. The respondent asserted in the complaint that it was entitled to recover the amount of such judgment, costs and counsel fees under the terms and provisions of a Motor Truck Cargo Liability policy issued by the appellant to the respondent. The appellant denied liability for the loss under the terms of the policy which it admittedly issued to the respondent.
This case came on for trial before Honorable Legare Bates, presiding Judge of the Richland County Court, and a jury, at the 1959 December term of said court. At the conclusion of the testimony, the respondent and appellant each moved for a direction of a verdict in its behalf. The trial Judge ruled that the evidence adduced at the trial presented no issues of fact for determination by the jury and that the only question to be determined was whether or not the loss sustained by the respondent was covered by the terms of the aforesaid policy. The case was withdrawn from the consideration of the jury and the legal question was taken under advisement by the trial Judge. Thereafter, on February 8, 1960, he handed down his order granting judgment in favor of the respondent against the appellant in the amount of $3,650.53. Within due time the appellant gave notice of intention to appeal to this Court. The exceptions of the appellant raise the question of whether the loss of the respondent was within the coverage afforded by the aforementioned policy of cargo insurance.
It appears from the record that Hoover Motor Express Co. Inc., a common carrier, received at Collins Air Force Base, Mississippi, certain freight for delivery to Shaw Air Force Base near Sumter, South Carolina. This freight was to be carried by Hoover from the point of origin to Atlanta, Georgia, and it was there delivered to Huckabee, as connecting carrier, for transportation from Atlanta to Shaw Air Force Base. The trailer load of freight was under Hoover's seal No. 8026 and Huckabee issued a bill of lading purporting to cover the entire shipment.
In the nose of the trailer delivered by Hooever to Huckabee was a thirty ton air conditioning unit which was supposed to have been delivered by Hoover to a consignee in Atlanta, Georgia, but was left upon the trailer delivered to Huckabee, through some error of Hoover, and without knowledge of Huckabee, until after the accident in which the air conditioning unit was damaged.
The record shows that a portion of the load of freight extended higher than and protruded above the top of the trailer. It further appears that on May 23, 1956, while in transit, the tractor-trailer was driven under an overhead bridge in Columbia, South Carolina, and the load collided with the under side of such overhead bridge, damaging the air conditioning unit and other freight being hauled in said trailer.
The record reveals that Huckabee promptly notified the appellant of the damage to the air conditioning unit and the other freight being hauled on the tractor-trailer. The appellant promptly paid the damage to that portion of the freight which was being transported by Huckabee under a bill of lading, but refused to pay for the damage to the air conditioning unit because the respondent was not a common carrier thereof within the terms of coverage afforded by the cargo policy of insurance issued by the appellant. It further appears that Hoover sued Huckabee for the damage to the air conditioning unit in the Circuit Court of Davidson County, Tennessee, and obtained a judgment therefor. This judgment, together with costs and attorneys' fees, was paid by Huckabee. The present action, as is heretofore stated, seeks reimbursement from the appellant for the amount of such judgment, together with the costs of defending the Tennessee action. It should here be stated that the appellant refused to defend the action brought in Tennessee.
The policy sued upon, in consideration of the stipulations and conditions contained therein and the premium paid, insured the respondent as follows:
* * *'
The policy in question insures
'(d) Accidental collision of any above described truck or trailer with any other vehicle or object. * * *'
Under section 4(d) of the policy of insurance in question, the liability of the assured for loss or damage was limited to the accidental collision of the truck or trailer with any other vehicle or object. However, by proper endorsement to said policy, it was provided that 'this policy is extended to insure the legal liability of the Assured for direct loss or damage caused by collision of the load with any object.' The record is conclusive of the fact that the 'load' was in collision with the under side of an...
To continue reading
Request your trial
-
Empire Fire & Marine Ins. Co. v. Simpsonville Wrecker Service, Inc.
...160 So.2d 218 (1964); Aetna Insurance Co. v. Cameron, 194 Mont. 219, 633 P.2d 1212 (1981); and Huckabee Transport Corporation v. Western Assurance Co., 238 S.C. 565, 121 S.E.2d 105 (1961). Moreover, as is often true, there was also a line of cases in which a minority view was adopted. See, ......
-
State v. Pilot Life Ins. Co.
...Co., 125 Kan. 537, 265 P. 73, 59 A.L.R. 749; Swift & Co. v. Bonvillain, 139 La. 558, 71 So. 849. 'In Huckabee Transport Corporation v. Western Assurance Co., 238 S.C. 565, 121 S.E.2d 105, this Court ". . . The word 'or' as it is used in the insuring agreement, is a co-ordinating conjunction......
-
Brewer v. Brewer
...Co., 125 Kan. 537, 265 P. 73, 59 A.L.R. 749; Swift & Co. v. Bonvillain, 139 La. 558, 71 So. 849. In Huckabee Transport Corporation v. Western Assurance Co., 238 S.C. 565, 121 S.E.2d 105, this Court '* * * The word 'or' as it is used in the insuring agreement, is a co-ordinating conjunction ......
-
Bovain v. Canal Ins.
...in the legal sense, refers to one who undertakes to transport persons or property from place to place. Huckabee Transp. Corp. v. W. Assurance Co., 238 S.C. 565, 121 S.E.2d 105 (1961); Windham v. Pace, 192 S.C. 271, 6 S.E.2d 270 (1939). The term "motor carrier" includes "both a common carrie......