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U.S. FIRE INS. CO. v. KRESSER MOTOR SERVICE, INC.

No. 93-2601.

26 F.3d 91 (1994)

UNITED STATES FIRE INSURANCE COMPANY, Plaintiff-Appellee, v. KRESSER MOTOR SERVICE, INC.; Kresser Nationwide Truckload Service, Inc.; Ronald Moss; Defendants, Occidental Fire & Casualty Company of North Carolina; Defendant-Appellant, James C. Wiggins, Jr.; Illinois Insurance Guaranty Fund; Defendants.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Laurence J. Rabinovich, New York City, argued (Laurence J. Rabinovich of New York City, and Michael E. Aud, Little Rock, AR, on the brief), for appellant.

David M. Donovan, Little Rock, AR, argued (David M. Donovan, Little Rock, AR, and Daniel J. Zollner, Chicago, IL, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

In this declaratory judgment action, United States Fire Insurance Company (U.S. Fire) sought a determination of its rights and liabilities under an insurance policy after a vehicle of its insured, Kresser Motor Service, Inc. (Kresser Motor), was involved in an accident. Another insurance company, Occidental Fire & Casualty Company of North Carolina (Occidental), satisfied a judgment for damages against Kresser Motor that arose out of the...

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