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Kennedy v. Aerr Co.12/19/1991
rt to hold that the "transportation" exclusion excepted insurance coverage under Admiral's policy. We disagree.
The "transportation" exclusion in the policy provides that the insurance does not apply to:
bodily injury or property damage arising out or and in the course of transportation or mobile equipment by an automobile owned or operated by or rented or loaned to any insured.
Relying on the wording of this exclusion, plaintiffs contend that, since the flatbed which transported the piece of mobile equipment was stationary at the time of the accident, this exclusion does not apply. We disagree.
"Arising out of" has been defined as "originates from", "grows out of" or "flows from." Northern Insurance Co. v. Ekstrom, 784 P.2d 320 (Colo. 1989).
We reject plaintiffs' contention that a vehicle must be moving to be in transportation. Transportation includes a process that is not limited to a moving vehicle, but also includes the activities (processes) originating from or flowing from transportation. Northern Insurance Co. v. Ekstrom, supra.
The trial court correctly concluded that the loading of the mobile equipment on the transport vehicle was a part of the process of transportation.
III.
Because we conclude that the trial court correctly excluded insurance coverage under the transportation exclusion, we need not address the applicability of the completed operations exclusion.
Judgment affirmed.
JUDGE METZGER and JUDGE CRISWELL concur.
Disposition
JUDGMENT AFFIRMED
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