State Automobile Mutual Insurance Co. v. Ryder Truck Rental, Inc.

REVISED OPINION

COPE, Judge.

On consideration of appellants’ motion for rehearing, we withdraw the opinion dated September 21, 1993, and substitute the following opinion:

State Automobile Mutual Insurance Company (“State Auto”) and H.E.S. Sludge Management Systems, Inc., appeal an adverse summary final judgment on insurance coverage. We reverse.

Ryder Truck Rental, Inc., owned a truck tractor which it leased to H.E.S. H.E.S. used the tractor to pull semi-trailers which H.E.S. owned. The tractor was driven by an H.E.S. employee.

In 1983 the tractor trailer rig was in a collision with Phillip and…