Bituminous Casualty Corp. v. Chicago, Rock Island & Pacific Railroad

This is a declaratory judgment action brought by the Bituminous Casualty Corporation against Roy Frietsch and the Chicago, Rock Island & Pacific Railroad Company in order to determine coverage under a contractor’s comprehensive general liability policy of insurance. The appeal is taken from a holding by the trial court that Roy Frietsch was covered, under the policy in question, for damage done to property of the defendant railroad, allegedly due to negligence of the agents of Roy Frietsch.

A railroad car belonging to defendant railroad was derailed and turned over on its side alongside the…