Firemen's Insurance v. Continental Casualty Co.

Plaintiff appeals on an agreed statement from judgment in favor of defendant.

Question Presented

Whether the insurance policies in question create a situation of “prorate” coverage or primary and “excess” coverage.

Facts

Plaintiff issued an “Automobile Policy” providing liability insurance coverage for trucks registered in the name of Robert Sloan, in the amounts of $25,000 for each person, $50,000 each occurrence, for bodily injury, and $10,000 for property damage. Persons operating these trucks were additional assureds. Sloan leased a truck to Nesbitt Fruit Products, Inc. Buchanan, who was operating the truck, was an additional insured under plaintiff’s policy. Defendant had issued a “Comprehensive General-Automobile Liability Policy” to Nesbitt, with bodily injury limits of $300,000 each person and each occurrence, and property damage of $100,0000. The policy covered hired trucks and drivers thereof. Thus Buchanan was an assured under this policy. Buchanan, driving the hired Sloan truck, was involved in an accident with Robert George. George subsequently obtained judgment against Buchanan for negligent operation of the truck, against Nesbitt under respondeat superior, and…