Parking Exception in Policy Restores Coverage from Auto Exclusion

SirMyron Birks-Russell died following a tragic accident as he unloaded a tractor-trailer on Tarango Trucking’s property. Birks-Russell’s survivors sued Tarango and his employer, WS Excavation. Penn-America, which held Tarango’s commercial liability policy, defended Tarango but reserved the right to contest coverage which it did. Penn-America argued that the policy’s “Auto Exclusion” negated coverage. Tarango countered that the “Parking Exception” restored coverage. Following a magistrate judge’s recommendation, the district court granted Penn-America’s motion for summary judgment. Tarango appealed. The Fifth Circuit Court of Appeals reversed the district court’s decision finding the “Parking Exception” did apply. Read the full case here:


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