Bartkowiak v. Underwriters at Lloyd’s London

Truck delivering road-resurfacing materials struck and killed road-construction flagger. Truck broker's insurer issued "Contingent Automobile Liability" policy, which provided some measure of secondary liability coverage in the event insured's primary liability insurance fails to cover insured's loss. Insurer owed its insured no duty to defend or indemnify where its contingent liability policy only provided coverage if there were no other collectible insurance, and policy did not suggest that Defendant would provide excess coverage for this loss. Reading policy as a whole, parties' intent was that this insurer would provide primary coverage only if other liability insurance completely failed due to invalidity or insolvency.(HOWSE and COBBS, concurring.)