Flying Tiger Lines, Inc. v. Truck Insurance Exchange

Pacific Intermountain Express Company, a corporation (hereinafter PIE) appeals from a judgment determining that it is not entitled to indemnity from Flying Tiger Lines, Inc. (hereinafter Flying Tiger) in the event that PIE is required to bear the loss occasioned by an injury to a PIE employee caused by the negligence of a Flying Tiger employee.

The injured PIE employee, Ramirez, was struck by boxes which fell while a Flying Tiger employee was loading Ramirez’s PIE truck. PIE was insured by Truck Insurance Exchange (hereinafter Truck), and Flying Tiger was insured by Eagle Star Insurance Company (hereinafter Eagle Star). Ramirez commenced an action against Flying Tiger, alleging that the injury was caused by the negligence of its employee. Flying Tiger in turn brought the present action against Truck, seeking a declaration that Truck, PIE’s insurer, owed an obligation to Flying Tiger under the “loading and unloading” provision of PIE’s policy. Truck cross-complained for a declaration of liability against Flying Tiger’s insurer, Eagle Star. PIE intervened seeking a declaration that it should be indemnified by Flying *134 Tiger for any amount which PIE would be required to…