Granite State Insurance v. Transamerica Insurance

OPINION

EUBANK, Judge.

Two issues are presented in this appeal from a summary judgment granted in an action seeking a declaratory judgment as to which of two insurance companies was primarily liable for coverage and defense in a negligence action:(1) Whether, as a matter of law, the injury occurred during the unloading of the truck, such that the injury arose out of the use of the truck?(2) Whether an automobile insurance policy may exclude coverage where the employee of the named insured is injured by a negligent third party who is an omnibus insured under the policy?

We find that the trial…