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CENTENNIAL INS. CO. v. HOME INS. CO.

April 27, 1981

CENTENNIAL INSURANCE COMPANY and Champ Ale Brewery, Inc.
v.
HOME INSURANCE COMPANY and Jerald McCall



The opinion of the court was delivered by: GILES

MEMORANDUM

Plaintiff, Centennial Insurance Company, has brought suit against Home Insurance Company seeking declaratory judgment as to which party's insurance policy covers injuries sustained by a truck driver due to the alleged negligence of a third party to which goods were delivered. In essence, the lawsuit between insurers is to determine which owes a defense in the underlying personal injury action.

 Centennial has moved for summary judgment contending that the third party was an insured within the meaning and intent of Home's policy. Home has answered that there is no coverage because, inter alia, there is specific exclusion for personal injuries for which the employer insured would be liable under workmen's compensation laws. The parties have stipulated as follows:

 I. STIPULATION OF FACTS

 1. Centennial Insurance Company is a New York corporation doing business in Pennsylvania.

 2. Champ Ale is a New Jersey corporation doing business in Pennsylvania.

 3. Home Insurance Company is a New Hampshire corporation.

 4. Jerald McCall is a citizen and resident of Pennsylvania.

 5. On August 14, 1979 Jerald McCall was involved in an accident at the plant site of Champ Ale.

 6. At all times pertinent hereto McCall was an employee of National Sugar Company and acting within the course and scope of his employment. McCall was at the plant site of Champ Ale to deliver liquified sugar.

 7. McCall had unloaded his truck by connecting a hose to a fitting outside the Champ Ale plant.

 8. McCall made the hook-up to a valve on the outside of the building using his three inch hose and a snap-on.

 9. After the hose was connected to the valve, McCall pumped his load into the building without incident.

 10. After the truck was emptied of sugar the plant personnel at Champ Ale filled the ...


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