This is an action for declaratory relief to determine which, if either, of two insurers against public liability is liable to plaintiffs on claims for damages arising out of an automobile accident.

The trial court adjudged that (1) defendant Pacific Indemnity Company is exonerated from liability by reason of *130 the fact that plaintiff Air Transport Manufacturing Company, Limited failed to comply with the provisions of a condition of the policy covering notice to the insurer, and (2) defendant The Employers’ Liability Assurance Corporation, Limited, is obligated under its policy of insurance to defend plaintiffs and to pay on their behalf one half of all sums which the plaintiffs shall become obligated to pay arising out of the claims, not exceeding the sum of $25,000.

Plaintiffs have not appealed from that portion of the judgment exonerating Pacific Indemnity Company from liability. Employers’ have appealed from the judgment holding it liable on its policy.

On December 5, 1944, Employers’ issued a public liability policy to American U-Drive Truck Rentals Company with a limit of $25,000 as to the claim of one injured person. The policy contained what is commonly called an “Omnibus Clause” which extended the coverage of the policy with respect to the use of automobiles to any person using a car owned by U-Drive with its permission. The policy also contained the following clause: “8. Other Insurance. If other valid insurance exists protecting the Insured from liability for such bodily injury, sickness, disease or death or such injury to or destruction of property, this policy shall be null and void with respect to such specific hazard otherwise covered, whether the Insured is specifically named in such other policy or not; provided, however, that if the applicable limit of liability of this policy exceeds the applicable limit of liability of such other valid insurance, then this policy shall apply as excess insurance against such hazard in an amount equal to the applicable limit of liability of this policy minus the applicable limit of liability of such other valid insurance.”

On October 1, 1944, Pacific Indemnity Company issued a comprehensive liability policy to Air Transport covering all its operations, with a limit of $25,000 with respect to injuries of one person. One of the conditions of that policy is as follows: “12. Other Insurance. If the insured has other insurance against a loss covered by this policy the company shall not be liable under this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible insurance against such loss.”

On July 18, 1945, Air Transport rented a Dodge truck from American U-Drive and on the same day, plaintiff L. O. *131 Swerdlow, an employee of Air Transport, while driving the truck was involved in an accident resulting in personal injuries to one Morales.

It is the contention of appellant that its policy never covered respondents because they had “other valid insurance” which consisted of the Pacific Indemnity policy and that under clause 8 of appellant’s policy the omnibus clause became void as to respondents. This contention is correctly and ably answered in the memorandum decision of the trial judge, the Honorable Philip H. Richards, and so much of that decision as is applicable to this appeal, reading as follows, is hereby adopted as the opinion of this court:

We conclude, as did the trial court, that Employers’ is obligated to defend plaintiffs on the claims of Morales and to pay on behalf of plaintiffs one half of all sums which they shall become obligated to pay on account of such claims, not exceeding one half of the applicable limit of liability.

Judgment affirmed.

Moore, P. J., and McComb, J., concurred.

Appellant’s petition for a hearing by the Supreme Court was denied June 2, 1949.