National Union Fire Insurance Co. of Pittsburgh v. Merchants Fast Motor Lines, Inc.

OPINION

This is a declaratory judgment action. The issue is whether a track driver’s allegedly negligent discharge of a gun, killing a passenger in another vehicle, triggers a duty to defend under the truck owner’s vehicle liability policy. The trial court rendered summary judgment holding the insurer had no duty to defend. The court of appeals reversed. We reverse the judgment of the court of appeals and render judgment for the insurer.

The underlying pleadings allege that while operating a Merchants Fast Motor Lines truck, Gordon D. Hart “negligently discharged a firearm and caused a bullet…