Contrans, Inc. v. Ryder Truck Rental, Inc.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal and cross appeal from the grant of summary judgment by the district court in a declaratory judgment action between two insurance companies requires us to determine whether an insurance policy term constitutes an “escape” clause. Generally, courts will not give effect to escape clauses and will instead render the would-be escaper’s coverage primary. The appeals also require us to resolve a second coverage dispute that turns on whether two competing coverages are primary or excess. Jurisdiction is founded upon diversity of citizenship, 28…