Garcia v. Trans Pacific Life Ins. Co

In Garcia v. Trans Pacific Life Ins. Co. (1984) 156 Cal. App. 3d 900, the insured jumped down from his truck to avoid being hit by a pipe being loaded on his truck. However, the end of the pipe struck and killed him. (Id. at p. 902.) The insuring clause of the automobile accident policy provided in pertinent part that it "'Does Hereby Insure the person named in the Application . . . against specified losses as herein limited and provided, from accidental bodily injury sustained while driving or riding within any automobile, truck or bus for business or pleasure, during the term of this policy, provided such bodily injuries are caused by reason of an accident to an automobile, truck or bus . . . .' " (Id. at pp. 902-903.) The reviewing court held that the insured did suffer an injury while driving or riding within the automobile because he was standing on the bed of the truck while supervising the loading of freight and the main purpose of the truck was the transportation of freight. (Id. at pp. 906-907.) But, the court held, the injury was caused by a pipe rolling off the truck and not an accident and therefore the language limiting coverage to an injury caused by a vehicle accident barred coverage. (Id. at p. 908.)