has nearly 3,000 square feet, and monthly common charges and taxes of more than $10,000.
The stairs were flooded. Millions of dollars’ worth of damage ensued: ceilings split, floors buckled, mold spread. The insurance policy defines “loading and unloading” in ambiguous and hard-to-interpret terms. It means “the handling of property . . . after it is moved from the place where it is accepted for movement into or onto” a vehicle.
She cites a precedent from 20 years ago, involving a wheelchair patient being transported down stairs to a waiting ambulette. The wheelchair’s brakes failed in the stairwell; the patient fell and was injured. The court decided the situation did not fit the category of “loading or unloading.”
As opposed to an unmoving accident?