under the policy where the liability of the insured assumed by the insured under an express contract with the third party is coextensive with the insured’s liability imposed upon him by law____ All the cases are based on the general principle that a contractual exclusion clause contained in an insurance liability policy is not operative in a situation where the insured would have been liable regardless of his contractual promises as an actively negligent wrongdoer to one merely passively negligent, or to one not at all negligent, but by statute or otherwise vicariously liable. Daily Express, Inc. v. Northern Neck Transfer Corporation, 490 F.Supp. 1304 (M.D.Pa.1980) (citing ALR2d 1123 (1959)). See generally The Hertz Corporation v. Smith, 441 Pa.Super. 575, 657 A.2d 1316 (1995) (<HOLDING>); Toombs NJ Inc. v. Aetna Casualty and Surety
holding that one plaintiff bringing negligence and wantonness claim against car rental company for failing to remove rental car from stolen car list could not recover mental anguish damages because he was never at risk of physical harm but that fact question existed as to whether other plaintiff was at risk of physical harm when police pulled weapon on him holding car lessee specifically contracted with car lessor for liability for any and all loss or damage to rental car thus barring recovery from insurer under exclusion for liability assumed by contract holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door holding that the driver of a car who had permission to use the car had standing to challenge its search holding that the factfinder may conclude that recovery is not likely when the car is left on street with keys in the car