Zimmer v. Daun

The motion of Fidelity was based upon the proposition that as a matter of law Dean and Daun were not additional insureds under the policy and were not entitled to coverage thereof because they were not engaged in unloading the cement from the truck at the time of the accident within the meaning of the policy. In denying the motion the trial court did not assign any reasons therefor. Consequently, this court will assume the trial court considered it wanted to have the facts of the case determined by trial rather than deciding* the policy extended coverage to the defendants Dean and Daun. The…