Komorowski v. Kozicki

The sole issue raised upon this appeal is whether the acts of the appellant’s insured, which allegedly caused the injuries complained of, constituted acts of “loading or unloading” and were within the coverage of the policy.

It is of paramount importance in these cases to note that the causal negligence of the appellant’s insured (i.e., the negligence of Donald Kittell) has not as yet been determined and that in determining the appellant’s liability for the negligence of its insured two distinct questions are involved: (1) Did the acts complained of cause the injuries; and (2) were such acts…