Lapp

Part I

Gary Lapp and Ben Scott Faulkner, plaintiffs, appeal from a summary judgment entered in favor of defendant Transport Indemnity Company (Transport). While Jar Corporation and/or Jartran, Inc. (Jartran) is a named defendant in the court below, it is not a party to the summary judgment proceeding before us.

It appears Jartran is engaged in the truck rental business. Appellants rented a truck from Jartran and were involved in an accident with an uninsured motorist. Appellants were injured and sought and were denied by Transport uninsured motorist coverage under a policy of insurance issued by Transport to Jartran as the named insured. The complaint alleges that “[o]n or about March 1, 1980 defendant Transport Indemnity Company, issued a contract of insurance, policy number 09041 to defendant JAR Cor poration and/or Jartran Inc. A copy of that part of the policy entitled ‘Occupational Comprehensive Liability and Comprehensive Physical Damage Policy Declarations’ as well as a copy of a ‘Waiver and Deletion of Uninsured Motorist Coverage’ are . . . attached hereto, and incorporated by reference hereby.”

The exhibits attached to the complaint establish that the policy…