The Home Indemnity Company, a Corporation v. Allstate Insurance Company, a Corporation

This is a diversity action in which the amount in controversy exceeds $10,000, thus invoking the statutory jurisdiction of the District Court and of this Court on appeal. 28 U.S.C. §§ 1332 , 1291.

United Buckingham Freight Lines (formerly United Truck Lines, Inc.), engaging in business as a public carrier of goods, purchased two policies of liability insurance. The first, dated and effective on May 1, 1960 and expiring on November 1, 1961, was written by Appellee Allstate Insurance Company and undertook to pay on behalf of the insured all sums which the insured should become legally obligated to pay caused by accident and arising out of the ownership, maintenance or use of the insured’s commercial vehicles, including the standard printed clause: “Use of the automobile for the purposes stated includes the loading and unloading thereof.” The second policy, dated and effective December 31, 1960 and expiring December 31, 1961, was written by Appellant The Home Indemnity Company as a Comprehensive General Liability Policy and undertook to pay on behalf of the insured all sums which the insured should become legally obligated to pay as damages sustained by any person and caused by…