Fireman’s Fund Insurance Co. v. Allstate Insurance Co.
California Court of Appeal
234 Cal. App. 3d 1154 (1991)
- Written by Rich Walter, JD
Facts
A tractor-trailer rig collided with an automobile, injuring the automobile’s driver and her passenger. The tractor was owned by Richardson Trucking Company (Richardson), and at the time it was hauling goods under a nonexclusive contract with Leaseway Transportation Corporation (Leaseway). California’s Public Utilities Commission (PUC) licensed the tractor for operation. Richardson’s insurer, Fireman’s Fund Insurance Company (Fireman’s) (plaintiff), sued for a declaratory judgment that Leaseway’s insurer, Allstate Insurance Company (Allstate) (defendant), was primarily liable for paying the victims’ insurance claims. Allstate’s policy provided that it covered, as an additional insured, the owner of any nontrailer vehicle while that vehicle was being used exclusively in Leaseway’s business as a trucker and being used pursuant to operating rights granted to Leaseway by a public authority. The trial court found that Allstate’s policy did not cover Richardson. Fireman’s appealed to the California Court of Appeal.
Rule of Law
Issue
Holding and Reasoning (Nicholson, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
