Kennedy v. Jefferson Smurfit Co.

I disagree that the defective condition in the shipper’s loading pallet constituted a “use” of the trucker’s vehicle that required the trucker’s automobile insurance policy to indemnify the shipper for damages caused by the pallet’s defective condition.

The essential predicate to find coverage under the truck policy is whether the negligent act of the party to be covered constituted a “use” of the motor vehicle. Motor vehicle insurance policies insure against damages arising out of the ownership, maintenance, or use of a vehicle. Under policy language or statutory requirement, the “use” of a…