Colonial Insurance Co. of California v. American Hardware Mutual Insurance Co.

Opinion by

Judge JONES.

Defendant, American Hardware Mutual Insurance Company (American), appeals from the summary judgment entered in favor of plaintiff, Colonial Insurance Company of California (Colonial), determining that American is the primary insurer for an automobile accident. We affirm.

The facts of this case are undisputed. On November 13,1994, Joshua Papp was driving a truck owned by his employer, Dave Taylor Ford, Inc. (dealership), when it collided with a second vehicle, causing injur-y to Papp’s passenger and the subsequent death of the other driver. At the time of the accident,…