Legal Opinion

Canal Insurance v. Insurance Co. of North America

Supreme Court of South Carolina

Decided June 1, 1993No. 23863PublishedCited by 16 opinions

1Opinion of the Court

Moore, Justice:

This is a declaratory judgment action to determine coverage under an automobile insurance policy for damage to a building caused by a truck crane. The trial judge found coverage. We reverse.

FACTS

Appellant (Canal) issued an automobile insurance policy to respondent Murdaugh, the owner and operator of the truck crane. Respondent Insurance Company of North America has a subrogation interest.

The truck crane is a single unit which uses the same power source to drive the truck and activate the crane. To use the 45-ton crane, the truck is hoisted off its tires on retractable hydraulic…

2Cases cited5 opinions

  1. Continental Western Insurance Co. v. KlugSupreme Court of Minnesota · 1987
  2. Wausau Underwriters Insurance v. HowserSupreme Court of South Carolina · 1992
  3. Classified Insurance Corp. v. VodinelichSupreme Court of Minnesota · 1985
  4. Waldbillig v. State Farm Mutual Automobile Insurance Co.Supreme Court of Minnesota · 1982
  5. United States Fidelity & Guaranty Co. v. GillisCourt of Appeals of Georgia · 1982

3Cited by16 opinions

  1. Isle of Palms Pest Control Co. v. Monticello InsuranceCourt of Appeals of South Carolina · 1994
  2. State Farm Fire & Casualty Co. v. AytesSupreme Court of South Carolina · 1998
  3. Travelers Indemnity Co. v. Auto World of Orangeburg, Inc.Court of Appeals of South Carolina · 1999
  4. Wright Ex Rel. Estate of Rogers v. North Area Taxi, Inc.Court of Appeals of South Carolina · 1999
  5. Peagler Ex Rel. Estate of Thompson v. USAA InsuranceSupreme Court of South Carolina · 2006

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