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ALLSTATE INSURANCE CO. v. AETNA CASUALTY & SURETY CO.

No. 70, Docket 28166.

326 F.2d 871 (1964)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY, Dawn McCall and Alan McCall, Defendants-Appellees, and County of Wyoming, New York, Mildred Stepien, Beverly Pfeiffer, Gerald Pfeiffer, and Orten Rindell, Defendants.

United States Court of Appeals Second Circuit.

Decided January 21, 1964.

Attorney(s) appearing for the Case

Lowell Grosse, Buffalo, N. Y. (Miles, Cochrane, Grosse, Rossetti & Lord, Buffalo, N. Y., on the brief), for plaintiff-appellant.

John E. Leach, Buffalo, N. Y. (Vaughan, Brown, Kelly, Turner & Symons, Buffalo, N. Y., on the brief), for defendant-appellee, Aetna Cas. & Surety Co.

Luther Ira Webster, Rochester, N. Y. (Lamb, Webster, Walz & Telesca, Rochester, N. Y., on the brief), for defendants-appellees, Dawn McCall and Alan McCall.

Before MEDINA, HAYS and MARSHALL, Circuit Judges.

MEDINA, Circuit Judge.

The controversy between the parties to this declaratory judgment action arose out of an automobile accident in Wyoming County, New York, on September 19, 1958. Several insurance policies are involved and the issues litigated concern the specific question of which insurance company is obligated to pay the whole or part of a balance of $26,500 agreed to be paid to one of the persons injured in the accident, pursuant to a stipulation of settlement...

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