Cagle v. Home Insurance Co.

EUBANK, Judge.

In this appeal a contractor’s tractor and backhoe was totally destroyed while it was being transported to a construction site on a truck and trailer owned by the appellant-motor carrier. The appellant-motor carrier’s insurance company settled the claim by paying the contractor the purchase price of a new tractor and backhoe, while specifically agreeing with the contractor that the settlement covered, “property damage only and does not constitute a release of any loss of services.” The contractor then brought suit against the appellant for the rental value of replacement…