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LIBERTY MUTUAL INS. CO. v. ALLIED MUTUAL INS. CO.

Nos. 429-70, 430-70.

442 F.2d 1151 (1971)

LIBERTY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. ALLIED MUTUAL INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 28, 1971.

Attorney(s) appearing for the Case

David W. Buxton, Wichita, Kan., argued the cause for plaintiff-appellant.

H. E. Jones and Geer Gsell, Wichita, Kan., argued the cause for defendants-appellees.

Before LEWIS, Chief Judge, and SETH and COFFIN, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from a declaratory judgment action, based upon diversity jurisdiction, to determine primary insurance coverage on a claim arising out of an automobile accident which occurred in Kansas. Both insurance contracts were made under Kansas law.

The facts are not in dispute. Donald May was a named insured upon a family automobile policy issued by Allied Mutual Insurance Company. May worked for John Morrell & Company which...

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