United States Steel Corp. v. Transport Indemnity Co.

Plaintiff United States Steel Corporation (hereinafter referred to as Steel) appeals from a judgment in favor of defendant Transport Indemnity Company (hereinafter referred to as Transport) on plaintiff’s complaint, and together with cross-defendant Insurance Company of North America (hereinafter referred to as INA), from a judgment in favor of Transport on the latter’s cross-complaint.

Questions Presented

1. Was Steel an “additional insured” under the Transport policy ?

2. Was Steel “using” the Bigge truck within the meaning of the Transport policy ?

3. Was Steel expressly excluded from that policy?

4. Is Transport’s policy excess over INA?

Record

Steel brought this action in declaratory relief against Transport to secure a declaration that a Transport policy issued to Bigge Drayage Company, a corporation, covered Steel as an additional insured. Transport in turn by cross-complaint against Steel and INA sought a declaration that INA was the sole insurer covering Steel and that, in any event, Transport’s policy was excess insurance over the INA policy. INA admitted coverage except as to $100,000 and claimed that any liability over that amount should be prorated between the…