Focusing on the facts surrounding the accident determined which of two insurers' policies were responsible for covering a serious injury to a worker. Nat. Am Ins. Co. v. Harleysville Lake State Ins. Co., 2014 U.S. Dist. LEXIS 160593 (S.D. Ind. Nov. 14, 2014).

   Venture Logistics, Inc. offered trucking and warehouse services to its clients. Indy Powder Coatings was a customer of Venture Logistics. A Venture Logistics truck went to Indy Powder to deliver materials. Robert Harden was a forklift operator for Indy Powder and was unloading skids from the Venture Logistics tractor-trailer. The driver started to drive the truck away before Harden was finished unloading the skids. As the truck was moving, Harden got off the forklift to try and alert the driver.The forklift slid down the tractor-trailer and pinned Harden. Harden was seriously injured. 

   Harden sued Venture Logistics. At the time of the accident, Venture Logistics had two insurers – State National Insurance Company and Harleysville Lake State Insurance Company. State National's policy excluded "bodily injury" arising out of the operation and loading and unloading of any auto. State National defended Venture Logistics without reservation until it subsequently raised the "Movement of Property by Mechanical Device" exclusion. State National notified Harleysville that it may have obligations under its policy to defend and indemnify Venture Logistics.

   The Harden lawsuit settled and State National paid Harden $800,000 on behalf of Venture Logistics. State National then sued Harleysville. The court noted that the case turned on whether Harden's injuries occurred due to his use of the forklift to load and/or unload skids from the tractor-trailer (meaning Harleysville would be liable) or if his injuries arose from the driver's premature driving away of the tractor-trailer (meaning State National would be liable).

   The court agreed with Harleysville that what sent in motion the chain of circumstances leading to Harden's injury was the driver's use of the tractor-trailer when she pulled away prematurely. Harden's injuries did not result from the unloading of the skids; instead, the injuries resulted from the driver negligently driving the tractor-trailer away, causing the forklift to pin Harden. Had the driver not driven away, Harden would not have been injured.