Aetna Casualty & Surety Co. v. St. Paul Fire & Marine Insurance

KERR, Judge.

This action is between two insurance companies which wrote automobile liability insurance policies covering the same automobile. Aetna Casualty and Surety Company, hereinafter referred to as Aetna, seeks a declaratory judgment to determine the respective rights and liabilities of the parties. It claims that St. Paul Fire and Marine Insurance Company, referred to herein as St. Paul, is obligated to contribute its proportionate share of the loss incurred on account of the insured. The requisite diversity of citizenship and jurisdictional amount are present.

The material facts are not…