2. Motion of Defendant James H. Hartman & Son, Inc. for Entry of Judgment in its favor against the plaintiff Bankers and Shippers Insurance Company of New York.
3. Motion of plaintiff Bankers and Shippers Insurance Company of New York for Entry of Judgment as follows:
(a) Against plaintiff Bankers and in favor of defendant Townsend with respect to Bankers' claim against Townsend;
(b) In favor of plaintiff Bankers against defendant Hartman for $ 238,141.76 with respect to Bankers' claim against Hartman;
(c) Against defendant Townsend and in favor of defendant Hartman and third party defendant Carolina with respect to Townsend's crossclaim and third party claim, as these claims would be rendered moot by entry of judgment in favor of Townsend against Bankers by virtue of (a) above;
(d) Against Hartman and in favor of Bankers with respect to Hartman's counterclaim against Bankers;
(e) Against Hartman and in favor of Townsend with respect to Hartman's crossclaim against Townsend; and
(f) Against Carolina and in favor of Bankers with respect to Carolina's crossclaim against Bankers.
With respect to the declaratory judgment action brought by Bankers against Carolina, Bankers moves for entry of judgment that:
(a) the insurance policy issued by Bankers to Liedtka does not afford insurance coverage to Hartman for liability imposed upon Hartman arising out of its own independent negligence in connection with the Rice accident; and
(b) the insurance policy issued by Carolina to Hartman affords coverage to Hartman for liability arising from its independent negligence in connection with the Rice accident.
Motion of Dennis L. Townsend for Entry of Judgment Against Bankers and Shippers Insurance Company of New York
This motion is granted since Bankers and Shippers Insurance Company of New York agrees that the judgment should be entered, in light of the finding by the jury that Townsend was the agent of both Hartman and Liedtka at the time of the accident.
Motion of James H. Hartman, Inc. for Entry of Judgment Against Bankers and Shippers Insurance Company of New York
Hartman contends that it was an insured under the policy which Bankers issued to Liedtka. Thus, Hartman concludes Bankers may not obtain indemnification from its own insured in regard to payment of policy proceeds by Bankers to Rice. Sherwood Trucking, Inc. v. Carolina Casualty Insurance Co., 552 F.2d 568 (4th Cir. 1977); Turner Construction Co. v. John B. Kelly Co., 442 F. Supp. 551 (E.D.Pa.1976). We agree with Hartman's conclusion that an insurance company may not obtain indemnification from its own insured. However, we do not agree that Hartman was an insured under Bankers' policy of insurance issued to Liedtka.
The "Truckmen's Endorsement" of Bankers' insurance policy to Liedtka provides: