The Supreme Court of Mississippi ruled that a fall from scaffolding built on a trailer attached to a pickup truck was considered an "auto accident" under the insured's auto policy. The case is Miss. Farm Bureau Cas. Ins. Co. v. Powell, 336 So. 3d 1079 (Miss. 2022).
Anthony Powell erected scaffolding on a trailer attached to his pickup truck for workers to use when installing roof trusses in a barn. After a truss was installed, Powell drove the truck to where the next truss needed to be installed. The truck was parked and turned off while the trusses were installed. Trent Craft and a co-worker were installing the trusses on the day of the accident. When Craft and his co-worker went to have lunch, the co-worker jumped from the scaffolding to the trailer, which rocked the trailer and sent Craft crashing to the trailer bed. Craft's head hit the trailer bed and severely damaged his eye socket. Craft subsequently filed suit against Powell.
Powell had an auto policy from Farm Bureau that covered both the pickup and the trailer. However, Farm Bureau sought a declaratory judgment that the policy did not cover the incident, meaning the company had no duty to defend or indemnify Powell and was not obligated to pay Craft under medical payments coverage. Powell counterclaimed and alleged wrongful denial of his claim, seeking both damages and a declaration that Farm Bureau owed him a defense. Farm Bureau filed a motion for summary judgment, reasserting that the policy did not cover the accident for either the liability or the medical payments. After a hearing, the trial court denied Farm Bureau's motion, and Farm Bureau appealed.
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