Industrial Indemnity Co. v. Fidelity-Phenix Insurance

OPINION

By the Court,

Thompson, C. J.:

This is a declaratory relief action by Industrial Indemnity against Fidelity-Phenix. It is Industrial’s contention that the omnibus clause of an automobile insurance policy issued by Fidelity covered the liability of A-l Inland Rentals (the insured of Industrial) as an additional insured, thereby requiring Fidelity to defend a tort action commenced by one Wambolt, an employee truck driver of Pacific Clay Products, the insured of Fidelity. It is Fidelity’s position that by reason of the “employee exclusion” provision of the policy which it issued to Pacific…