Bituminous Cas. Corp. v. Oceano Towing Co.

STRUM, Circuit Judge.

This is a suit for declaratory judgment, brought by Océano Towing Co. against Bituminous Casualty Corporation, to obtain a decree requiring the insurance company to defend and protect Océano in a then pending suit against it for damages, and to declare that the insurer is liable to the Towing Company for any damages that might be assessed against the latter in said suit.

The defenses below were (1) non-coverage because the injured person was a passenger and therefore excepted from the risk; (2) failure of the insured to give timely notice of the claim; and (3) failure to…