State Automobile Mut. Ins. Co. v. Connable-Joest, Inc.
Decision Date | 04 March 1939 |
Citation | 125 S.W.2d 490 |
Parties | STATE AUTOMOBILE MUT. INS. CO. v. CONNABLE-JOEST, Inc. |
Court | Tennessee Supreme Court |
Grover N. McCormick and Robert Burton, both of Memphis, for plaintiff in error.
Babendreer & Spears, of Memphis, for defendant in error.
This is an action on a policy of liability insurance issued by the State Automobile Mutual Insurance Company to Connable-Joest, Incorporated, to recover property damage to an automobile suffered when it fell off a hoist while elevated for the purpose of being greased and oiled.
The policy, known as a Public Garage Liability Insurance policy, was in full force and effect on the 30th day of January, 1937, when the accident involved in this suit occurred. The insured was operating an automobile service station and garage in the City of Memphis, Tennessee, and one of its customers left his automobile with the insúred to be serviced by having the oil changed and greased sometime during the day. It was understood that when the work was finished the customer would be notified. While the automobile was in complete charge and control of the insured, and while insured's employees had the automobile elevated on a hoist maintained at its service station for the purpose of greasing and oiling automobiles, the automobile in some way became overbalanced and fell to the concrete floor and was damaged. When, in due course, the insurance company was notified of the accident, it took the position that the policy did not cover the damage to the automobile in charge of the insured while being worked on at its place of business, and denied liability. Thereupon the amount of loss suffered by the customer was paid by the insured, and this suit was instituted to recover the amount so paid.
The pertinent parts of the policy of insurance are as follows:
Section 9 of the policy, under the title "Conditions, Limitations, and Agreements," is as follows:
...
To continue reading
Request your trial-
Saltzman v. Great American Indemnity Co.
...111; John G. Speirs & Co. v. Underwriters at Lloyd's London, 84 Cal.App.2d 603, 191 P.2d 124; and State Automobile Mut. Ins. Co. v. Connable-Joest, Inc., 174 Tenn. 377, 125 S.W.2d 490, 491. However, the Court is of the opinion that in actuality these decisions support plaintiff's contention......
-
National Sur. Co. v. Allstate Ins. Co.
...F.2d 584 (10 Cir.1970); Moore v. M.F.A. Mutual Insurance Co., 422 S.W.2d 357 (Mo.Ct.App.1967); State Automobile Mut. Ins. Co. v. Connable-Joest, Inc., 174 Tenn. 377, 125 S.W.2d 490 (Sup.Ct.1939). See also 13 Couch, Insurance 2d §§ 45:946, 45:949 (1965); 7 Appleman, Insurance Law and Practic......
-
McLouth Steel Corp. v. Mesta Machine Co.
...603, 191 P.2d 124; Guidici v. Pacific Automobile Ins. Co., 1947, 79 Cal.App.2d 128, 179 P.2d 337; State Automobile Mutual Ins. Co. v. Connable-Joest, Inc., 1939, 174 Tenn. 377, 125 S.W.2d 490; Root Motor Co. v. Mass. Bonding & Ins. Co., 1932, 187 Minn. 559, 246 N.W. 118; Vaughan v. Home Ind......
-
North River Ins. Co. v. Jackson
...or repaired, are 'in charge of' the insured within the meaning of such an exclusion clause. See State Automobile Mut. Ins. Co. v. Connable-Joest, Inc., 174 Tenn. 377, 125 S.W.2d 490; Clark Motor Co. v. United Pacific Ins. Co., 172 Or. 145, 139 P.2d 570; Parry v. Maryland Casualty Co., 228 A......