991 A.2d 342 (2010) GENAEYA CORP.
v.
HARCO NATIONAL INSURANCE COMPANY, Appellant. No. 1704 Eastern District Appeal 2008 Superior Court of Pennsylvania.
Argued September 1, 2009. Filed March 15, 2010. *343 Myles P. McAliney, Pittston, for appellant.
Ronnie J. Fischer, Honesdale, for appellee.
BEFORE: FORD ELLIOTT, P.J., PANELLA and FREEDBERG, JJ.
OPINION BY FORD ELLIOTT, P.J.:
¶ 1 Harco National Insurance Company ("Harco") appeals from the judgment entered July 7, 2008 in favor of Genaeya Corp. ("Genaeya") in this declaratory judgment action. After careful review, we are compelled to reverse.
¶ 2 The parties submitted this matter to the trial court for resolution based upon the following stipulated facts:
1. At all times relevant herein, [Genaeya] was a motor carrier authorized to transport property in interstate commerce pursuant to federal docket number MC472320. 2. At all times relevant herein, LAM Truck Brokers, Inc. (LAM) and BAM Transportation, Inc. (BAM) operated as freight brokers (collectively, LAM/BAM). 3. On or about July 22, 2005 Genaeya's driver, Janusz, was returning to Pennsylvania having just delivered a load in California. 4. On or about that same day, July 22, 2005, LAM/BAM contacted Genaeya inquiring about Genaeya transporting *344 a load for LAM/BAM to California. 5. Genaeya advised LAM/BAM that Genaeya's driver had just returned from California and needed the weekend off, since July 22, 2005 was a Friday. 6. Later on that same day, July 22, 2005, LAM/BAM once again contacted Genaeya to inquire about Genaeya delivering said load to a warehouse where LAM/BAM would have the load cross docked for delivery to the California destination. 7. At this time on July 22, 2005, LAM/ BAM retained Genaeya, on behalf of Colgate-Palmolive Company, to transport said shipment of miscellaneous freight (the shipment) to Kearney, New Jersey. 8. Genaeya has alleged in a separate law suit filed in Wayne County, Pennsylvania [that] on or about July 22, 2005 LAM/BAM instructed Genaeya to transport the shipment from the facilities of Colgate-Palmolive Company in Morristown, New Jersey to World Trade Logistics in Kearney, New Jersey. 9. On or about July 22, 2005, Janusz on behalf of Genaeya transported the trailer said to contain the shipment to World Trade Logistics in Kearney, New Jersey, being directed to do so by LAM/BAM, so that LAM/ BAM can have the load cross docked for delivery to the California destination. 10. On or about July 22, 2005, Janusz, on behalf of Genaeya, delivered the trailer to the location identified by LAM/BAM. When he arrived at the location, it was [a] partially fenced lot without a gate adjacent to a shipping facility operated by World Trade Logistics. 11. There was no one in charge of the lot area, neither a clerk dispatcher, security guard nor any representative of LAM/BAM. Janusz contacted LAM/BAM through his dispatcher and was advised to park the trailer against the wall of the World Trade Logistics building and leave the bill of lading on the front of the trailer. Janusz then unhooked the trailer from the tractor and