The Supreme Court of Virginia has evicted a lower verdict and unanimously claims that James River Insurance Co. is not required to defend a truck stop in disputes involving damage caused by an exploding tire.
Doswell, Virginia-based Doswell Truck Stop LLC, insured by Richmond, Virginia-based James Rivers commercial general liability policy, operates a truck stop in Doswell, Virginia, which includes a repair garage, according to Thursday's Virginia Supreme Court judgment. James River Insurance Co. v. Dowell Truck Stop LLC et al.
When James T. Smith tried to get a tire on his tractor trailer repaired or replaced, a truck stop invited him into the garage, according to rolling.
Although the tire was secured in an OSHA-compatible steel cage designed to inflate damaged trucks, the worker dampened the tire, causing it to explode and injure Mr. Smith, according to ruli ng. Mr Smith filed an indemnity claim against the truck stop in June 201
The truck stop filed an insurance claim with the James River, which denied coverage on the grounds that its claim was excluded by its auto-exclusion policy, which excludes cover for damage caused by autos maintenance.
The truck stops a lawsuit against the insurer and a lower court claims that the policy was ambiguous with regard to the importance of "maintenance" of a car.
Of two competing interpretations of maintenance, "only one can reasonably be applied to any occurrence of the term, in the policy," they said. "In particular," regular repairs "are the only interpretation of" maintenance "that can reasonably be applied to any occurrence of the term in the policy," they say.
"Accordingly, the term is not ambiguous," argued that, in reversing the sub-court and deciding the auto-exclusion policy, the coverage of Mr Smith's damages is in accordance with the policy.
The truck's lawyer had no comment, while the insurer's lawyer could not be reached.