Granite Const. v. Bituminous Ins – Case Brief Summary (Texas)

In Granite Const. v. Bituminous Ins. (Tex.Civ.App. 1992) 832 S.W.2d 427, the named insured contracted to haul materials from a construction site, and obtained an additional insured endorsement covering the construction contractor "but only with respect to liability arising out of operations performed for the additional insured by or on behalf of the named insured."

An employee whose truck overturned while he was driving sued the additional insured, alleging that his injuries were caused by its negligent loading of the truck. ( Id. at p. 428.)

With little discussion, the court concluded "it is at once obvious" that the employee's claim arose out of the loading of the truck, which was the additional insured's sole responsibility, and not out of the hauling performed by the named insured, which was the only operation to which the additional insured endorsement applied. ( Id. at p. 430.)