Perez Trucking Inc. V. Ryder Truck Rental Inc.
Court of Appeals of Washington
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THOMPSON, C.J. --In this declaratory judgment action, the Superior Court determined that Ryder Truck Rental, Inc., and its insurer, Old Republic Insurance Company, had single liability limits of $100,000 on a tractor rented from Ryder by Perez Trucking, Inc. While being driven by a Perez employee, the tractor was involved in a collision with an automobile. The driver of the automobile sued Perez. Perez was insured by Rocky Mountain Fire & Casualty Company. The Superior Court determined that Old Republic and Rocky Mountain were obligated to pay losses resulting from the collision equally until the smaller policy issued by Old Republic was exhausted. Both insurers were to share defense costs equally until Old Republic paid its policy limits.