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AETNA CAS. v. LIBERTY MUT.

91 A.D.2d 317 (1983)

Aetna Casualty & Surety Co. et al., Respondents, v. Liberty Mutual Insurance Company et al., Appellants, and Leonard Rinker et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 31, 1983

Attorney(s) appearing for the Case

Hurwitz & Fine, P. C. (Sheldon Hurwitz of counsel), for appellants.

Cox, Barrell, Walsh, Roberts & Grace (Peter Murrett of counsel), for Aetna Casualty & Surety Co., and another, respondents.

Standard, Weisberg, Heckerling & Rosow, P. C. (Stanley Solomon of counsel), for Leonard Rinker and others, respondents.

HANCOCK, JR., CALLAHAN and DENMAN, JJ., concur with SCHNEPP, J.; SIMONS, J. P., not participating.

SCHNEPP, J.

The narrow issue in this declaratory judgment action concerns the respective obligations of several insurance companies to provide the Austin Powder Company with insurance coverage for claims arising from the explosion of a parked dynamite-laden truck. The truck was rented from Bison Ford Truck Sales1 by Austin through its employee Leonard Rinker who used it to deliver...

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