Neither Insurance company is liable for damages caused by Negligence of their insured. They just have a contract which says if their insured is sued regarding HIS liability, they will defend and pay injuries up to the policies limits. The operator is negligent, but the insurance company will defend their insured and pay x dollars for what he is court ordered to pay.
That being said, the DRIVER is liable if he in the operation of equipment and the circumstances under his control regarding conditions which he knew or should have (with due diligence) been aware of he exposed the defendant to a reasonably forseeable risk of injury (negligenCE) and if such was the proximate cause of injury THAT PERSON (NOT insurance company) IS LIABLE.
BUT there may be a contract with the trailer owner that says if such happens we will defend and pay IE driver may be negligent but the owners insurance will pay
If the truck operator knew or should have (with due diligence) known there was a defect yet he ignored it or failed to repair it and such caused injury YES HE IS LIABLE and an insurance company (if hes insured) will pay it as a matter of contract law. And perhaps his contract with the trailer owner says they will defend and pay for the liability???????????
MORAL OF THE STORY EACH IS RESPONSIBLE FOR THEIR OWN ACTIONS and having insurance or not is NOT a legal defense but a way to cover the risks.
BOTTOM LINE NO ONE HERE CAN ANSWER YOUR QUESTION, IT DEPENDS ON WHAT ALL THE CONTRACTS AND INSURANCE CONTRACTS SAY NOTTTTTTTTTTTTTTTTT WHAT ANY OF US THINK OR WHAT OUR OPINIONS ARE OR WHAT OUR PARTICULAR EXPERIENCE WAS
Insurance law is a matter of STRICT CONTRACT LAW not any of our opinions or guesses, so if Billy Bob or Bubba say this happened to us and this was the result so heres the answer, DONT BET YOUR LIFE ON THAT LOL that may well have been what their contracts and insurance contracts said but that may or may NOT be what your contracts have to say THEIR SITUATION MAY BE SAME AS YOURS BUT IT MAY NOTTTTTTTTTTT
Best wishes READ THE CONTRACT WITH THE TRAILER OWNER AND ALL THE INSURANCE CONTRACTS, THEREIN LIES YOUR ANSWER NOTTTTTTTTTTTTTTT HERE
PS I apologize, I know you want a simple generic answer, but I (nor anyone) can give that not having read all the contracts WHAT THEY SAY RULES NOT WHAT ANY OF OUR CONTRACTS MAY SAY OR WHAT WE THINK OR FEEL OR EXPERIENCED
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