Occidental Fire and Casualty Company V‪.‬

Appellant, hereinafter sometimes referred to as the Company, initiated this declaratory judgment action. The main issue was whether the Company owes a duty to respondent Robert Cook, as alleged tortfeasor in a two-car collision with respondent Desmond Smith, to defend against Smith's personal injury action by virtue of a commercial combination automobile policy issued by the Company to Lloyd Cook, insuring the motor vehicle, a Diamond T truck, driven by Robert Cook. The trial court adJudged the issue against the Company, holding that the insurance policy extended coverage to the Diamond T truck. The detailed facts and issues are hereinafter set forth. Respondents Lloyd Cook and Robert Cook are brothers. Lloyd Cook, an independent logger, owned several logging trucks and occasionally hired others in the performance of various logging jobs. Robert Cook and other Cook brothers had worked as employees and drivers for Lloyd for two to three years previous to the accident.