Employers' Liability Assurance Corporation, Limited, a Corporation v. Fireman's Fund Insurance Group, a Corporation

EDGERTON, Circuit Judge.

An automobile belonging to Call Carl, Inc., which had been lent to Carl Ray Kilmer to be used as a substitute while his car was being repaired, was involved in an accident while being driven by Kil-mer. An injured person sued him and Call Carl. The present suit is between the insurers of the two defendants.

Appellee, Fireman’s Fund Insurance Group, was Kilmer’s insurer. His cov erage included driving a car “temporarily used as a substitute” because of repairs etc., with a “condition” that, “the insurance with respect to temporary substitute automobiles * * * shall be…