Truck Insurance Exchange v. Liberty Mutual Insurance

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Truck Insurance Exchange (Truck Ins.) sought a declaratory judgment that Liberty Mutual Insurance Company (Liberty Mutual) was the provider of the primary insurance on a truck leased by Brown Truck Leasing Corporation (Brown) which was involved in an accident. Summary judgment was entered for Liberty Mutual on the theory that Truck Ins. provided primary coverage and Liberty Mutual’s liability as an insurer of the lessee of the rented truck (Viking Pump) was excess coverage. Truck Ins. appeals, contending that the language of the…