Legal Opinion

Carolina Casualty Insurance v. Travelers Property Casualty Co.

District Court, D. New Jersey

Decided October 22, 2014No. Civ. No. 09-4871 (KM)(MCA)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

McNULTY, District Judge.

This is a declaratory judgment action among insurers. A tractor-trailer driver, severely injured in a loading accident, sued and obtained a $5 million settlement, which has been paid. This action seeks a declaratory judgment to settle the potentially responsible carriers’ shares of the obligation to cover that $5 million award and the costs of defense. Before me now are four motions for summary judgment.

My ultimate allocation of the $5 million settlement is as follows:

*308 Primary Coverage Excess Coverage

Travelers $1,000,000 Illinois National $1,492,500

CCIC…

2Cases cited35 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Boyle v. County Of Allegheny PennsylvaniaCourt of Appeals for the Third Circuit · 1998
  4. Leroy D. Schoch v. First Fidelity Bancorporation and Industrial Valley Title Insurance CompanyCourt of Appeals for the First Circuit · 1990
  5. Cristen M. Gleason v. Norwest Mortgage, IncCourt of Appeals for the Third Circuit · 2001

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3Cited by6 opinions

  1. C. J. HESSE, INC. v. AMERICAN FAMILY HOME INSURANCE COMPANYDistrict Court, D. New Jersey · 2025
  2. EXCELSIOR INSURANCE COMPANY v. SELECTIVE INSURANCE COMPANY OF AMERICADistrict Court, D. New Jersey · 2023
  3. INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. LIBERTY MUTUAL FIRE INSURANCE COMPANYDistrict Court, D. New Jersey · 2024
  4. Pennsylvania Manufacturers Association Insurance Company v. New Jersey Manufacturers Insurance Company et al.District Court, D. New Jersey · 2026
  5. Philadelphia Indemnity Insurance Company v. Transit U, Inc.District Court, D. Delaware · 2021

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