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Pawtucket Mutual Insurance Co. v. Hartford Insurance Co.12/24/2001
the vehicle for his trip to Florida. Because the definition of "insured" in the Hartford policy does not restrict the use of a hired vehicle to purely business purposes, Buckman's use of the vehicle while on vacation does not change the fact that NENSCO hired it. In addition, the common definition of "hire" does not require an element of control, and we decline to add this additional restrictive requirement to the policy.
Based upon the common definition of "hire" and the facts of this case, we find that NENSCO hired the rental vehicle. Therefore, Buckman was an insured under the policy. Accordingly, we hold that the Hartford policy provided coverage for the May 1997 accident.
III.
We turn next to whether Hartford's coverage is primary or excess. The Hartford policy provides that its coverage is primary for any liability assumed under an insured contract. Hartford contends that the vehicle was not rented pursuant to an insured contract because it was not rented by NENSCO as part of its business; rather, Buckman rented the vehicle for his personal use while on vacation. We disagree. The appropriate inquiry here is whether NENSCO, not Buckman, was engaged in a business pursuit.
The facts indicate that Vecchio was a longtime business client of NENSCO and that the car was not the only expense underwritten by NENSCO in connection with the Florida trip. Based on these facts, it is reasonable to conclude that NENSCO paid for the rental car to further its business relationship with Vecchio. Buckman's personal mission and NENSCO's business need not be mutually exclusive. See Jepsen v. B-Con Const. Co., Inc., 475 So. 2d 112, 115-16 (La. Ct. App. 1985). Because we find that NENSCO hired the vehicle to promote its business relationship with Vecchio, we hold that the vehicle was rented as part of NENSCO's business, pursuant to an insured contract. Accordingly, we hold that the Hartford policy affords primary coverage for the May 1997 accident.
Affirmed.
BROCK, C.J., and NADEAU, DALIANIS and DUGGAN, JJ., concurred.
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