Employers Insurance of Wausau v. Polar Express, Inc.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This action was filed on February 21, 1991, by Employers Insurance of Wausau (Wausau) against Polar Express, Inc. (Polar). By amended complaint filed on August 26, 1991, Equipment Rental, Inc. was named as an additional defendant. The court has jurisdiction by virtue of diversity of citizenship and the requisite amount in controversy.

The action is currently before the court for decision based on stipulated facts, the briefs of the parties, and accompanying exhibits. The following will constitute the court’s findings of fact and conclusions of…