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PENNSYLVANIA MFRS.' ASS'N v. LUMBERMENS MUT. CAS.

Nos. 80-2365, 80-2476.

648 F.2d 914 (1981)

PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, and George Wollman, Inc. v. LUMBERMENS MUTUAL CASUALTY COMPANY; Greyhound Line, Inc.; Super Tire Engineering Co.; Hubler Rentals, Inc.; Alliance Tire & Rubber Co., Ltd.; Lydia Hendricks, Administratrix of the Estate of Lewis C. Richardson, deceased; Betty Dunbar Twohig, Administratrix of the Estate of Leo L. Twohig, deceased; Betty Dunbar Twohig, Administratrix of the Estate of Leo Dale Twohig, deceased; Lillie Mae Brown, Administratrix of the Estate of Inez Brown, deceased; Dorothy Campbell Little Lumbermens Mutual Casualty Company, Appellant in 80-2365 Pennsylvania Manufacturers' Association Insurance Company, and George Wollman, Inc., Appellants in 80-2476.

United States Court of Appeals, Third Circuit.

Decided May 11, 1981.

Attorney(s) appearing for the Case

Raymond J. Lamb (argued), Lamb, Hutchinson, Chappell, Ryan & Hartung, Jersey City, N.J., for Lumbermens Mutual Casualty Co.

William B. Scatchard, Jr. (argued), Capehart & Scatchard, P.A., Moorestown, N.J., for Pennsylvania Manufacturers' Association Insurance Company and George Wollman, Inc.

Before WEIS, and GARTH, Circuit Judges and MILLER, Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

This appeal presents the question whether two insurance companies each owed a defense to the owner and lessee of a truck that was in a collision causing fatal injuries. Because the truck lease required that the lessee indemnify not only the owner but also its insurance carrier, and since the lessee's policy covered contractual liability, we conclude that the lessee's insurer is solely responsible for defense costs...

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