The opinion of the court was delivered by: DUSEN
Plaintiff, United States Fidelity and Guaranty Company, seeks a declaratory judgment, holding that it is not liable under the policy of insurance written by it covering a certain 1949 Ford truck and Fidelity Roofing and Siding Corporation, as owner thereof, when George Bilyi was driving this truck on March 3, 1956, at the time an accident occurred.
The court makes the following Findings of Fact:
2. Defendant is a citizen and resident of the Commonwealth of Pennsylvania.
3. Plaintiff issued its Automobile Liability and Physical Damage Policy BO13342 (Exhibit P-1), effective December 7, 1955, to December 7, 1956, to Fidelity Roofing and Siding Corporation, 1919 Germantown Avenue, Philadelphia, Pa., as the named insured, covering several vehicles, one of which was a 1949 Ford 3/4-ton pickup truck, Serial No. 98RY23662, owned by the named insured.
4. The insuring agreements of said policy contain, among other things, the following provision:
'III Definition of Insured
'(a) With respect to the insurance for bodily injury liability and for property damage liability the unqualified word 'Insured' includes the Named Insured * * * and also includes any person while using the automobile and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by the Named Insured or such spouse or with the permission of either. * * *'
5. The name of the defendant, George Bilyi, does not appear in said policy of insurance as a 'Named Insured.'
6. George Bilyi, in March 1956, was an employee of the Fidelity Roofing and Siding Corporation and sometimes drove trucks belonging to the corporation while at work.
7. Prior to March 2, 1956, the defendant had been permitted to use the trucks of the assured after business hours only as follows: twice to do roofing work on his own after hours (he returned the trucks to the garage immediately afterward) and once to help a Hawaiian friend move.
8. A few days prior to March 2, 1956, defendant was given permission to take the Ford truck to a repair shop to get its exterior painted and to drive it to work the next day.
9. On Friday, March 2, 1956, he took the truck from work with instructions from his employer to take it to have the interior of its cab ...