Krzysztof collided with a vehicle driven by Barbara as he drove his tractor trailer to be inspected by a mechanic as required by SSTS, with whom he had just contracted to haul freight.
The contract was signed at 10:00 a.m. The accident occurred at 1:45 p.m. on the same day and before Krzysztof had transported any freight for SSTS.
Occidental insured SSTS with a symbol 47 that applied to "those autos you hire, rent or borrow." Progressive insured Krzysztof subject to an endorsement that coverage did not apply while Krzysztof was acting as another organization's agent.
Both carriers denied coverage.
Click here to see who the courts decided would pay the $400,000 settlement.