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Vanderbilt Law Review

Article Title

Loading and Unloading

First Page

903

Abstract

Since the automobile liability policies cover the use, loading and unloading of automobiles anywhere, the general liability policies (comprehensive or manufacturers and contractors or owners, landlords and tenants) correspondingly exclude, substantially, coverage for the automobile while away from premises owned, rented or controlled by the named insured, or the ways immediately adjoining, or the loading or unloading thereof. While the general liability policies do cover the use, loading and unloading of automobiles on premises owned, rented or controlled by the named insured and thus duplicate to a limited extent the coverage under the automobile liability policy where the accident occurs on such premises, the duplication is more apparent than real because (as contrasted with the automobile liability policy) the meaning of the word "insured," in general liability policies is confined to the named insured and any partner, executive officer or stockholder thereof while acting within the scope of his duties as such. It will be noted that even where the general liability policy covers the use or loading or unloading of an automobile on the premises in question, unlike the automobile policy it does not include as an "insured" any person while using or loading or unloading the automobile. More particularly it does not cover as an "insured" the employee of the named insured who may be using, loading or unloading the automobile. Almost from the start of the jurisprudence pertaining to loading and unloading there has been a division into two schools of thought, one known as the "coming to rest" doctrine and the other known as the "complete operation" doctrine.

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