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MARYLAND CASUALTY COMPANY v. HEALD

No. 584.

211 A.2d 177 (1965)

MARYLAND CASUALTY COMPANY v. Everett L. HEALD, Stephen Heald, Raymond W. Heald, Elizabeth Gillian, Administratrix of the Estate of Philip Arnold, Hartford Accident & Indemnity Co., Merchants Mutual Insurance Co., and Stephen B. Collins, Administrator of the Estate of Newell Parker.

Supreme Court of Vermont. Franklin.

June 1, 1965.

Attorney(s) appearing for the Case

Wick, Dinse & Allen, Burlington, for plaintiff.

Albert W. Coffrin and Douglas C. Pierson, Burlington, for Hartford Accident & Indemnity Co.

Leary & Leddy, Burlington, for Merchants Mut. Ins. Co.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

KEYSER, Justice.

This is a proceeding for a declaratory judgment in equity relating to the respective obligations of plaintiff, Maryland Casualty Company and defendants Hartford Accident & Indemnity Company and Merchants Mutual Insurance Company, under certain automobile liability insurance policies issued by each company. On the findings of fact, the court declared the plaintiff and Merchants were primarily liable on specified policies (1) equally to defend one...

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