TRAVELERS INS. CO. v. TRANSPORT INS. CO.

No. 85-1215.

787 F.2d 1133 (1986)

The TRAVELERS INSURANCE COMPANY, Plaintiff-Appellant, v. TRANSPORT INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellee, v. FEDERAL INSURANCE COMPANY, Third-Party Defendant.

United States Court of Appeals, Seventh Circuit.

Decided April 3, 1986.


Attorney(s) appearing for the Case

James W. Riley, Jr., Callahan, Riley & Hillis, Indianapolis, Ind., for plaintiff-appellant.

John E. Doran, Doran, Manion, Boynton, Kamm & Esmont, South Bend, Ind., for defendant-third-party plaintiff-appellee.

Before CUDAHY and RIPPLE, Circuit Judges, and WILL, Senior District Judge.


CUDAHY, Circuit Judge.

In this declaratory judgment action an insurance company seeks a determination as to which of three insurance companies must provide primary coverage for liability arising out of the collision of a tractor-trailer with an automobile. We affirm the district court's decision that the two policies covering the owner-operator of the truck afford primary coverage here.

FACTS. Clinton J. Flanigan, chairman and sole shareholder of Flanigan...

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