TRAVELERS INDEM. CO. v. STATE FARM MUTUAL AUTO. INS. CO.

No. 4-57-Civ-15.

182 F.Supp. 881 (1960)

TRAVELERS INDEMNITY COMPANY, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY OF BLOOMINGTON, ILLINOIS, Defendant, and Third-Party Plaintiff, v. Cecile B. STAGNER, Vernon S. Stagner, and Minnesota Christian Missionary Society, Third-Party Defendants.

United States District Court D. Minnesota, Fourth Division.

April 12, 1960.


Attorney(s) appearing for the Case

Richards, Janes, Montgomery & Cobb, by Crane Winton, Minneapolis, Minn., for plaintiff.

Meagher, Geer, Markham & Anderson, by O. C. Adamson, II, Minneapolis, Minn., for defendant.


DEVITT, Chief Judge.

Plaintiff seeks a declaratory judgment under 28 U.S.C. § 2201 (1952) as amended, and asks us to determine that defendant is primarily liable to an insured who is dually covered by automobile liability policies of both the plaintiff and of the defendant. The defendant answers that it is not liable because of a household exclusion clause in its policy, and has made a third party complaint against the insured for a declaratory judgment to the...

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