New Amsterdam Casualty Company, a New York Corporation v. United Pacific Insurance Company, a Washington Corporation

Before us is an appeal from a money judgment in a diversity action entered by the District Court in favor of appel-lee, hereinafter designated “Pacific”, and against appellant, hereinafter designated “New Amsterdam”. Each party is an insurance company and engaged in the business of issuing public liability insurance.

It appears that one Emmert was the owner and operator of an automotive “log bunk or tractor” (self-propelled) and a “log trailer” (not self-propelled), which vehicles when conventionally and properly hitched together were used as integrated vehicles in tandem for the purpose of transporting one or several saw-logs. New Amsterdam was the insurer of Emmert’s vehicle under a conventional policy of public liability insurance. One, White, was engaged in a business allied with the automotive servicing field and was the owner of and used in his business a conventional automotive wrecker vehicle which was equipped with a self-powered winch, cable and boom. Pacific was the insurer of White’s wrecker vehicle under a conventional policy of public liability insurance.

While both of said insurance policies were in full force and effect, and while Emmert was operating the log…