General Pump Service, Inc. v. Travelers Insurance

This is a declaratory relief action to determine the respective obligations of defendant The Travelers Insurance Company and defendant The Ohio Casualty Insurance Company with reference to defending a suit by one Rosas against the plaintiff. (Rosas, an employee of the Texaco, Inc. [oil company], while operating a truck which was owned by his employer and was insured by defendant Travelers, received serious personal injuries when he was struck by a hoist frame which was mounted upon a truck that was owned by plaintiff [General Pump] and was insured by defendant Ohio Casualty.) The court entered a judgment declaring that defendant Travelers is not obligated to defend the Rosas suit or to in any wise afford coverage to plaintiff in connection therewith, and that the sole coverage afforded to plaintiff is by the policy of insurance issued by defendant Ohio Casualty. Defendant Ohio Casualty appeals from the judgment.

Appellant contends that General Pump is an additional insured within the coverage of the policy of insurance issued by Travelers because at the time Rosas was injured General Pump was “using” the Texaco truck in the sense that General Pump was unloading it and directing…