Truck Insurance Exchange v. Aetna Casualty & Surety Co.

Denney, J.*

This case was tried on stipulated facts in a declaratory judgment action in which Truck Insurance Exchange sought a judgment that it was secondarily liable to Aetna Casualty & Surety Company for liability arising under the following circumstances.1

Mr. and Mrs. Donald Collier, insured by Aetna, delivered their automobile to Luther Costello, insured by Truck, to have Costello perform a tune-up. Mr. Collier left the vehicle with Costello at his place of business, an Eneo Service *776Station. About 4 hours later, while in the process of performing the tune-up, Costello started the engine…