Bigge Drayage Co. v. National Indemnity Co.

A tractor owned by one party and a trailer owned by another were used in combination as a hauling unit, but the liability insurance policies of the separate owners were neither combined nor correlated. This declaratory relief action between the two insurers resulted when the unit caused bodily injury.

Plaintiff Bigge, a common carrier, owned a commercial trailer. Coplaintiff Transport Indemnity insured Bigge for bodily injury liability arising from ownership or operation of any automobile, and included a trailer or semi-trailer in its definition of “automobile.” Anderson, a codefendant, owned a tractor, and was insured by defendant National Indemnity against bodily injury liability arising out of its ownership or operation. Anderson leased his tractor to Bigge. By endorsement of the Anderson policy, National agreed that Bigge be an additional assured as to the use of “automobiles leased or rented” by Anderson to Bigge, and also agreed that as to Bigge, this coverage should be primary, with any other coverage available to Bigge to be excess. Bigge then employed Anderson to drive a rig composed of the tractor he had leased to Bigge, towing the Bigge trailer. The unit collided with…