Cindrich v. Fireman's Fund Insurance

MOLLOY, Judge.

This appeal presents the problem of interpreting an exclusionary clause in a liability insurance policy. The question is whether a certain truck was “in charge of” or “in the care, custody or control” of the insured at the time it was destroyed by fire.

There is no dispute as to the facts and the case was determined on motion for summary judgment in favor of the insurance company.

The insured had talked with the owner of a large dump truck about buying the truck. The hoist working the dump truck was not functioning properly. It was agreed that the insured, a construction…