Forest Industries Insurance Exchange v. United States Fidelity & Guaranty Co.

Plaintiff, the vehicle liability insurer of the lessor of a truck, seeks contribution from defendant, the lessee’s insurer, for settlements that plaintiff paid to persons who were injured in an accident caused by the truck driver’s negligence while he was transporting goods for the lessee. The case was tried to the court, which entered judgment for plaintiff. Defendant appeals, contending that the court erred in concluding that defendant’s policy covers the truck driver’s use of the truck and, if it did not err in that respect, that it erred in its method of prorating the loss under…