PROTECTIVE INSURANCE CO. v. DART TRANSIT CO.

Nos. 42968, 42969.

197 N.W.2d 668 (1972)

PROTECTIVE INSURANCE COMPANY, Respondent, v. DART TRANSIT COMPANY, et al., Defendants, Gordon Robson, individually, and as father and natural guardian of Linda Robson, et al., Respondents, Transport Indemnity Company, Appellant.

Supreme Court of Minnesota.

Rehearing Denied May 26, 1972.


Attorney(s) appearing for the Case

Robb, Van Eps & Gilmore and Duane Arndt and M. E. Gaughan, Richards, Montgomery, Cobb & Bassford and Lynn G. Truesdell, III, Minneapolis, for appellant.

Mordaunt, Walstad, Cousineau & McGuire and F. Robert Kolacke, Minneapolis, for Protective Ins.

Coulter, Nelson & Sullivan, Minneapolis, for Robson.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and TODD, JJ.


PER CURIAM.

This is an action to construe an exclusionary clause in a so-called bobtail insurance contract covering the owner of a tractor leased to Dart Transit Company, a common carrier. The trial court held that the liability insurer of the owner-lessor was not obliged to furnish coverage because the insured was operating under orders of Dart Transit. We do not agree with the trial court's conclusion and reverse.

This litigation arose out of an accident...

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