loading and unloading clause


loading and unloading clause
A familiar clause in liability insurance policies covering trucks and commercial vehicles, providing in substance that the use of the insured vehicle for the purposes stated in the policy includes the loading and unloading of the vehicle, or, to the contrary, that such operation is excluded from the risk insured. 7 Am J2d Auto Ins § 87. As a general principle, in construing a policy insuring a truck owner against liability for damage arising out of the use of his trucks, including loading and unloading, the mission or transaction being performed by the insured's employees at the time of the accident is the controlling element in determining whether the situation from which the accident occurred is included in loading and unloading. Pacific Auto Ins. Co. v Commercial Casualty Ins. Co. 108 Utah 500, 161 P2d 423, 160 ALR 1251.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • loading and unloading — The transfer of cargo from wharf or landing to ship and from ship to wharf or landing. 48 Am J1st Ship § 381. A comparable operation in the transportation of goods, merchandise, or other articles by land carrier. 13 Am J2d Car § 319. The business …   Ballentine's law dictionary

  • unloading clause — See loading and unloading clause …   Ballentine's law dictionary

  • unloading — Act of discharging a cargo; taking a load from; disburdening or removing from. American Oil & Supply Co. v. United States Casualty Co., 19 N.J.Misc. 7, 18 A.2d 257, 259. An unloading clause in an automobile liability policy covers the entire… …   Black's law dictionary

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  • inchmaree clause — ˈinchməˌrē noun Usage: usually capitalized I Etymology: after Inchmaree, British steamer; from its formulation as a result of the sinking of the Inchmaree in Liverpool harbor March, 1884 : a clause in a marine insurance policy on the hull of a… …   Useful english dictionary

  • complete operation doctrine — A principle, applied in reference to the loading and unloading clause of an automobile liability insurance policy, that the clause covers the entire process involved in the movement of goods from the moment when they are given into the insured s… …   Ballentine's law dictionary

  • coming to rest — A doctrine, applied to the loading and unloading clause of a truck liability policy, which limits the coverage in unloading to the period of the actual removing or lifting of the article from the motor vehicle, which is deemed to terminate the… …   Ballentine's law dictionary

  • environment — environmental, adj. environmentally, adv. /en vuy reuhn meuhnt, vuy euhrn /, n. 1. the aggregate of surrounding things, conditions, or influences; surroundings; milieu. 2. Ecol. the air, water, minerals, organisms, and all other external factors… …   Universalium

  • coming to rest doctrine — Under this doctrine with respect to loading and unloading clauses used in automobile liability policies, coverage afforded by loading unloading clause ceases when goods have actually come to rest and every connection of motor vehicle with process …   Black's law dictionary

  • coming to rest doctrine — Under this doctrine with respect to loading and unloading clauses used in automobile liability policies, coverage afforded by loading unloading clause ceases when goods have actually come to rest and every connection of motor vehicle with process …   Black's law dictionary


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