Columbia Mut. Cas. Ins. Co. v. Coger
In Columbia Mut. Cas. Ins. Co. v. Coger, 35 Ark. App. 85, 811 S.W.2d 345, 347 (Ark. Ct. App. 1991), a truck owned by a lumber company and operated by its employees was delivering lumber when part of the load fell off the truck, landed on the highway, and collided with a van.
The lumber company had a general liability policy with an automobile exclusion similar to the one in this case. Id. The trial court had ruled the exclusion did not apply because negligence was alleged in the maintenance of the straps used to secure the load and in securing the load. Id.
The appellate court reversed, concluding "whether or not the lumber briefly came to rest before being struck by the van, and whether the negligent act was the operation of the vehicle, the securing of the load, or the maintenance of the straps securing the load, the injury and damage clearly arose out of the ownership, maintenance, or use of the truck or attached equipment and was therefore not covered by the policy." Id. at 347.