Sturgeon v. Strachan Shipping Co.

GEE, Circuit Judge:

We are asked today to formulate the test of Louisiana law applicable in insurance suits to determine when a loader or unload-er may claim omnibus coverage as a “borrower” of the vehicle under the standard loading and unloading clause of the trucking company’s policy — and asked to apply that test to the prototypical facts of this case. A panel of this Court has already performed both these tasks: in McDaniels v. Great American Atlantic and Pacific Tea Co., 602 F.2d 78 (5th Cir.1979), we adopted for Louisiana a test formulated by the Texas courts, see Liberty Mutual…