Central Mutual Insurance v. Elliott

RAWLS, Acting Chief Judge.

This interlocutory appeal presents the following question: Is a boxcar a vehicle as used in an exclusionary provision in an insurance policy? Finding that the use of the word “vehicle” in the exclusionary provision created an ambiguity, the trial court held that a railroad boxcar was not a vehicle. We disagree.

Continental Consolidating Corporation (Continental) loaded a cargo of furniture packed in cardboard cartons in a boxcar owned by one of the defendant railroads to be delivered to the J. C. Penney Warehouse in Jacksonville, Florida. When the door to the subject…