(Download) "Mountain Sts. Casualty v. Amer. Cas." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Mountain Sts. Casualty v. Amer. Cas.
- Author : Supreme Court of Montana
- Release Date : January 14, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
INSURANCE ? AUTOMOBILES ? APPEAL AND ERROR. 1. Insurance ? Evidence supported findings. In action by automobile liability insurer under nonownership policy providing excess coverage, against garage liability insurer, under policy excluding hired automobiles, to recover amounts which plaintiff had paid to satisfy judgment rendered against plaintiffs named insured based on liability incurred when such insureds employee was driving truck obtained from and owned by garage company defendant insured, evidence supported trial courts finding that truck had been loaned and not hired. 2. Appeal and Error ? How Supreme Court reviews evidence. On appeal, Supreme Court will review evidence in light most favorable to party prevailing below but will not presume that trial court impliedly found facts inconsistent with its express findings. - Page 476 3. Insurance ? Garage liability insurer liable. Where garage owners garage liability policy provided coverage with respect to truck owned by garage owner but loaned to another which had nonownership policy providing only excess coverage and not pro rata coverage, garage liability insurer was liable for full extent of judgments rendered against the one to which truck had been loaned, in actions arising out of its negligent use, even though garage policy provided that its coverage applied only pro rata, as excess coverage provided by nonownership policy was not other insurance as to which liability could be applied.