Maryland Casualty Co. v. Delzer

MILLER, Circuit Judge.

This is an appeal from the trial court’s order which granted defendant-respondent’s motion for summary judgment and its order denying plaintiff-appellant’s summary judgment motion. Plaintiff-appellant (Maryland Casualty Company) is the insurer of Rapid City Implement Company (not a party to the action). Defendant-respondent (Delzer Construction Company) was the lessee of equipment under a lease agreement with Rapid City Implement.

FACTS

Delzer and plaintiff’s insured, Rapid City Implement, executed a lease agreement on October 19, 1973. The pertinent provisions of this…