American Surety Company of New York, and Cross-Appellee v. Canal Insurance Company, and Cross-Appellant

HAYNSWORTH, Circuit Judge.

This is a controversy between two insurance companies over their relative obligations respecting the liabilities of a lessee of trucking equipment which had been involved in a highway collision. The District Court held that no effect could be given an excess insurance clause, applicable to hired vehicles, in American Surety’s policy issued to the lessee, because of a pro rata contribution clause in Canal’s policy issued to the lessor, and covering the specific equipment, the protection of which was extended by an omnibus clause to the lessee. Judgment was entered…