State Farm Mutual Automobile Insurance v. Traylor

I am unable to see how the majority can possibly find any substantial evidence to support a finding that the decedent was not engaged in duties incident to the loading or unloading of the commercial automobile at the time of his fatal injury. The majority treats the exclusion as if it read, “This insurance does not apply to:(a) Bodily injury sustained in the course of his occupation by any person while engaged in the operation, loading or unloading of ... a commercial vehicle.”

It doesn’t.

“Incident to” has a definite meaning and is not the least ambiguous. It is not, as the majority has taken…