Davis v. Sheehan

Mr. PRESIDING JUSTICE CRAVEN,

concurring in part, dissenting in part:

I agree with all that is said in the majority opinion except that portion of the opinion relating to the coverage under the Ohio policy. The Ohio insurance policy afforded coverage under a “loading and unloading clause.” The damage suffered in this case relates to the moving of the auger and its negligent placement and dumping of field corn into the seed corn bin. This was unrelated to the loading and unloading of the truck, and, therefore, unrelated to the coverage afforded under the loading and unloading clause of the policy. Upon the authority of General Accident Fire & Life Assurance Corp. v. Brown (1962), 35 Ill. App. 2d 43, 181 N.E.2d 191, and the two cited Federal cases, I would hold that there is no coverage under the Ohio policy.