Fred C. Yandle, Hugh S. Yandle and William N. Yandle, Individually and as Co-Partners, Etc. v. Hardware Mutual Insurance Company, a Corporation

In 1953 the Mast Lumber Company was engaged in the trucking business. It carried a comprehensive general and automobile liability insurance policy issued by St. Paul Mercury Indemnity Company. The policy provided that the insurer would pay on behalf of the insured all claims which the insured became obligated to pay by reason of liability imposed upon it by law for bodily injury or death. “Insured” is defined in the policy to mean the named insured or any other person, firm or corporation, while using or legally responsible for the use of the insured’s vehicles, provided such use is with the permission of the named insured.

A certificate of insurance, with endorsements, was issued to Mast by Underwriters at Lloyds of London. This constituted excess liability insurance over the St. Paul policy and was subject to the same terms and conditions.

Also in effect at the time of the accident, hereinafter referred to, was an automobile garage liability policy issued by Hardware Mutual Casualty Company to one De La Forest. This policy provides coverage for all operations necessary or incidental to the conduct of the business of the De La Forest Garage, and the ownership, maintenance or…