5th Cir. Reinstates Coverage Action Involving Fatal Trucking Injury

NEW ORLEANS — A federal appellate panel has reinstated an action against Penn-America Insurance Co., ruling it must defend a Texas trucking company against claims that it failed to maintain a level parking lot, causing a tractor-trailer to roll back and fatally injure a man during an unloading process.

On April 4, the 5th Circuit U.S. Court of Appeals panel found a “Parking Exception” to the policy’s Auto Exclusion reinstates coverage.

On March 2, 2020, SirMyron Birks-Russell, a truck driver employed by WS Excavation LLC, was off-loading equipment from a tractor-trailer on Tarango Trucking’s property when its braking system disengaged. …