NATIONWIDE MUTUAL INS. CO. v. FIDELITY & CAS. CO. OF N. Y.

Civ. A. No. 16468.

188 F.Supp. 377 (1960)

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Plaintiff, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, a corporation, and United States Fidelity & Guaranty Company, a corporation, Defendants.

United States District Court W. D. Pennsylvania.

Judgment Reversed January 18, 1961.


Attorney(s) appearing for the Case

Lee C. McCandless, Butler, Pa., for plaintiff.

Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendants.


WILLSON, District Judge.

The parties to this civil action are insurance carriers. The plaintiff insurance carrier seeks a declaratory judgment of this court with respect to the rights, privileges, duties, obligations and legal relations of the parties under the terms of their respective policies. In its brief, plaintiff says one of the issues is which carrier under its policy has the primary responsibility to defend one...

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