Philadelphia Indemnity Insurance Company v. Pace Suburban Bus Service

Insurer filed declaratory judgment action relating to $1.5 million settlement bus service paid, on behalf of facility which leased vehicle to transport persons with disabilities, to disabled passenger whom van driver left in van for 5 hours when it was over 90 degrees outside. When van driver returned to van, he failed to check on passenger's well-being, and passenger suffered a heat-related seizure. Leasing agreement provides that bus service shall provide coverage for claims arising out of transport, except that damages arising out of reckless conduct of facility's employees. No question of material fact as to whether passenger's injuries were caused by reckless actions of facility's employee.(ELLIS and HOWSE, concurring.)