Pacific Employers Insurance v. Maryland Casualty Co.

Both plaintiff Pacific Employers Insurance Company and defendant American Mutual Liability Insurance Company appeal from a judgment in a declaratory relief action which was brought by plaintiff to determine the respective rights and obligations of the appellants and two other defendant insurance companies respecting a claim for personal *321 injuries arising out of an accident in which insureds of each of the carriers were involved.

The ease was submitted upon an agreed statement of facts and the trial court made its findings and conclusions of law from which the following uncontroverted matters appear: In November 1959 a trucker, a named insured of Pacific Employers Insurance Company (Pacific), sent two drivers with a truck and trailer to the plant of the defendant Libby, McNeill and Libby, Inc. (Libby), which is the named insured of Maryland Casualty Company (Maryland) and Underwriters at Lloyd’s, London (Lloyd’s). Two employees of Libby, using forklifts, proceeded to move ease goods stacked on pallets onto the trailer. The forklifts were leased by Libby from a supplier insured by the American Mutual Liability Insurance Company (American).

During the operations severe personal…