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TRAVELERS INSURANCE CO. v. EMPLOYERS' LIABILITY ASSUR. CORP.

Civ. A. No. 16028.

242 F.Supp. 627 (1965)

The TRAVELERS INSURANCE COMPANY and The Travelers Indemnity Company, Plaintiffs, v. The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Ltd., Defendant.

United States District Court D. Maryland.

June 11, 1965.

Attorney(s) appearing for the Case

Mathias J. DeVito and Joseph H. Young, Baltimore, Md., for plaintiffs.

Thomas G. Andrew and Rollins, Smalkin, Weston & Andrew, Baltimore, Md., for defendant.

WINTER, District Judge.

This diversity action has been instituted to recover plaintiffs' expenditure of sums in settlement of a suit for personal injuries against their named insured and the cost of carrying on that litigation. It raises questions of whether defendant insured plaintiffs' named insured and, if so, whether plaintiffs or defendant were the primary insurer.

Plaintiffs (Travelers) insured Hess, Inc...

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