5th Cir. Reinstates Coverage Action Involving Fatal Trucking Injury
April 11, 2022
NEW ORLEANS — A federal appellate panel has reinstated an action against Penn-America Insurance Co., ruling it must defend a Texas trucking company against claims that it failed to maintain a level parking lot, causing a tractor-trailer to roll back and fatally injure a man during an unloading process.
On April 4, the 5th Circuit U.S. Court of Appeals panel found a “Parking Exception” to the policy’s Auto Exclusion reinstates coverage.
On March 2, 2020, SirMyron Birks-Russell, a truck driver employed by WS Excavation LLC, was off-loading equipment from a tractor-trailer on Tarango Trucking’s property when its braking system disengaged. …