EMPLOYERS INS. OF WAUSAU v. AUTO OWNERS INS. CO.

Nos. 84-5928, 84-5937 and 84-5957.

775 F.2d 774 (1985)

EMPLOYERS INSURANCE OF WAUSAU, a Mutual Company, Plaintiff-Appellant, Cross-Appellee, v. AUTO OWNERS INSURANCE COMPANY, Defendant-Appellee, Cross-Appellant, Firestone Tire and Rubber Company, a Self-Insurer, Defendant and Third Party Plaintiff-Appellee, Cross-Appellant, Ann Arbor Tire Company, Third Party Defendant.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1985.


Attorney(s) appearing for the Case

J. David Cole (LEAD) (argued), David W. Anderson, Cole, Harned & Broderick, Bowling Green, Ky., for plaintiff-appellant, cross-appellee.

Richard Roberts (argued), Whitlow, Roberts, Houston & Russell, Burke B. Terrell (argued), David Boswell (LEAD), Hardy, Terrell & Boswell, William B. Bryd, Paducah, Ky., for defendant-appellee, cross-appellant.

Before MERRITT, BOYCE F. MARTIN, Jr. and NATHANIEL R. JONES, Circuit Judges.


MERRITT, Circuit Judge.

In this diversity insurance action under Kentucky law, Appellant/Cross-Appellee, Employer's Insurance of Wausau ("Wausau") asks that we interpret the Kentucky Financial Responsibility Law, K.R.S. 187.290 et seq., and Motor Vehicle Reparation Act, K.R.S. 304.39-010 et seq., to impose a duty of indemnity on Firestone Tire, a self-insurer whose vehicle was driven by someone else. Wausau, as Cross-Appellee against Auto Owners Insurance...

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