King

I.

This appeal stems from two actions consolidated for trial. Both deal with insurance coverage questions relating to an accident in which Frederick William King was injured by Tony Martin. The Home Indemnity Company (Home), plaintiff in the first action, appeals from a judgment in favor of defendants King and Martin, declaring Martin to be an insured under an automobile liability insurance policy Home had issued. King, plaintiff in the second action, appeals from a judgment in favor of defendant Transport Indemnity Company (Transport) declaring it not bound by a stipulated judgment in a previous action between King and Martin and granting it a trial de novo on all issues in that action.

II.

On January 31, 1972, King, an employee of Bonded Drayage Company (Bonded), drove a truck and trailer to the Oakland Army Terminal to deliver and pick up cargo. Bonded owned the truck, but the trailer was owned by Transcon Lines (Transcon), another cargo carrier, and was being used pursuant to an interchange agreement. At the terminal, King hired Martin, an independent forklift operator, to load the trailer. While loading, Martin dislodged some crates in the trailer which fell on…