San Fernando Valley Crane Service, Inc. v. Travelers Insurance

The plaintiff San Fernando Valley Crane Service, Inc. (hereinafter called Crane Service) has appealed from a judgment in an action for declaratory relief brought by it against The Travelers Insurance Company (hereinafter called Travelers), Consolidated Rock Products Company (hereinafter called Consolidated), and Harold Bartholomew. The judgment declared that Travelers was under no duty to defend or indemnify Crane Service or its employee, Bartholomew, with respect to a cause of action of LeRoy Gibson for damages for personal injuries arising out of an accident which occurred when concrete was being removed by means of Crane Service’s crane from a truck of Consolidated into position on a building under construction.

Part of the findings of fact of the trial court were as follows : 1. On January 16, 1958, Mayfair Construction Company (hereinafter called Mayfair) was, as the general contractor, engaged in "certain construction.” 2. Mayfair had entered into a written contract with Consolidated for the purchase of ready-mixed concrete. Delivery was to be made by truck at the curb except that, if ordered by Mayfair, delivery would be made at another point which was accessible to…