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CONTINENTAL CAS. CO. v. AETNA CAS. AND SUR. CO.

Nos. 1130, 1198, Dockets 87-7166, 87-7204.

823 F.2d 708 (1987)

CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellant, Cross-Appellee, v. AETNA CASUALTY AND SURETY COMPANY, Hartford Accident and Indemnity Company, the American Insurance Company and James W. Flynn, II, Defendants-Appellees, Aetna Casualty and Surety Company, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 16, 1987.

Attorney(s) appearing for the Case

Philip J. O'Connor, Hartford, Conn. (Gordon, Muir and Foley, Hartford, Conn., of counsel), for Continental Cas. Co.

James F. Stapleton, Stamford, Conn. (Day, Berry & Howard, Stamford, Conn., Thomas J. Byrne, Stefan R. Underhill, of counsel), for Aetna Cas. and Sur. Co.

Before LUMBARD, PRATT and ALTIMARI, Circuit Judges.

LUMBARD, Circuit Judge:

This declaratory judgment action arises from a dispute between two excess insurers, Continental Casualty Company and Aetna Casualty and Surety Company, over their respective rights and obligations regarding coverage for a motor vehicle accident. On February 2, 1987, Judge T. Emmet Clarie filed judgment in the District of Connecticut, apportioning excess liability equally between the two insurers. Continental appeals, arguing that Aetna should...

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