Home Indem. Co. v. Davis

In Home Indem. Co. v. Davis (1978) 79 Cal.App.3d 863, a pugmill, part of a portable batch plant, was damaged while the plant was being dismantled with the use of a crane owned and operated by insured Davis. (Id. at p. 866.) Davis was held liable for the damage, and Home Indemnity Company was held to have provided coverage to Davis for such liability notwithstanding its claim that the pugmill was in Davis's care, custody or control at the time of the accident. (Ibid.) The exclusion was inapplicable because "Davis's control of the pugmill was not exclusive at the time of the accident." (Id. at p. 872.) This was so because O'Hair, the construction company that had rented the batch plant, had also rented the crane and operator to dismantle the plant; thus, "the crane and its operator are best described as mere instrumentalities of O'Hair, with momentary access to the pugmill and the other parts of the batch plant in order to serve O'Hair's purposes, at O'Hair's direction, and under O'Hair's control." (Id. at pp. 866, 872.)