MIDWEST CONTRACTORS EQUIPMENT CO., INC. v. Bituminous Cas. Corp.

This was an action for declaratory judgment brought by Midwest Contractors Equipment Company, Inc., (hereinafter referred to as “Midwest”) against Bituminous Casualty Corporation (hereinafter referred to as “Bituminous”) seeking a declaration that Midwest was an “insured” within the terms of an automobile insurance policy issued by Bituminous to Al Cohn, d/b/a Alco Steel Service (hereinafter referred to as “Alco”). The case was tried without a jury; the trial court found that Midwest was not entitled to coverage under the policy and entered judgment in favor of Bituminous. Midwest appeals.

This…