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Metropolitan Property & Casualty Insurance Company v. Santos9/11/2002
was backed up to the hydraulic lift provided by a third party for the use of fishermen for loading and unloading their catch. The truckbed was the intended receptacle for the fish totes and the totes were being positioned to be placed into the truckbed at the time of the accident. See Diggins v. Theroux, 314 Mass. at 737 (" he manner of loading the show case upon the truck, which resulted in the injury . . . was conditioned upon the position, shape, and height of the truck, and the injury occurred at the very moment of placing the case upon the truck"). Slavin had left the truck and turned off the ignition and was standing behind the truck near the tailgate in order to guide the totes into the truckbed when the totes slammed into her mouth.
Given the wide range of causation encompassed by the concept of an "arising-out-of" injury , we conclude that the causal connection between the injury and the use of the automobile, being "reasonably apparent," is sufficient, and that Slavin is covered by the compulsory bodily injury to others section of the insurance policy. Ruggerio Ambulance Serv., Inc. v. National Grange Mut. Ins. Co., 430 Mass. at 798. We also do not consider the use of the pick-up, as described above, to be "too casual" or "too remote." Contrast Travelers Ins. Co. v. Safeguard Ins. Co., 346 Mass. at 624; Rosebrooks v. National Gen. Ins. Co., 13 Mass. App. Ct. at 1050.
F. Conclusion. We reverse so much of the judgment that orders Metropolitan to pay PIP benefits to Slavin, and the judgment is to be amended to declare that Slavin is not entitled to PIP benefits. We also reverse so much of the judgment that pertains to the claim for optional bodily injury to others benefits, and order that the judgment be amended to declare that Metropolitan has no duty to indemnify Santos for Slavin's injuries under the optional bodily injury to others coverage. We affirm the judgment to the extent that it declares that Metropolitan has a duty to defend and indemnify Santos under the compulsory bodily injury coverage of the policy.
So ordered.
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