Pennsylvania Millers Mutual Insurance v. Manco

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and plaintiff’s motion for summary judgment granted.

The owner’s liability policy under which plaintiff insured Gene’s Bus Service Inc. excluded “bodily injury * * * arising out of the * * * maintenance * * * of (i) any automobile owned or operated by * * * insured.” In light of that exclusion it was error to deny plaintiff summary judgment declaring that it was not obligated to share with the State Insurance Fund, Gene’s Bus Service’s compensation insurer, in the defense and payment of a third-party claim…