James W. Shanahan v. Midland Coach Lines

Action by plaintiff James W. Shanahan against defendants Midland Coach Lines and Hartford Accident and Indemnity Company for
damages arising out of personal injuries sustained in a collision between a truck owned by Omar, Inc. and operated by plaintiff
as an employee of Omar, and a bus of the Midland Coach Lines. Defendants interpleaded and cross-complained against Paul Wimmer,
Jerome Daniel, Henry J. Zanon, Omar Incorporated, and London Guarantee and Accident Company, Ltd., the latter having issued
its policy of automobile liability insurance to Omar. London Guarantee and Accident Company, Ltd. (hereafter called London
Guarantee) answered the cross-complaint, denying liability on behalf of all the interpleaded defendants except Wimmer, and
subsequently moved for summary judgment on its own behalf denying coverage under its policy. From an order denying the motion
for summary judgment, London Guarantee appeals. On December 20, 1948 plaintiff was driving a truck of his employer, Omar, Inc., in the course of his employment. It was one
of four vehicles, three of them Omar trucks and one of them a private automobile owned and driven by Paul Wimmer, all of them
being driven from Beloit to Milwaukee. Plaintiff's truck was second in line. All four drivers, plaintiff, Paul Wimmer, Jerome
Daniel and Henry J. Zanon, were employees of Omar and all were in the course of their employment.