United States Fire Insurance v. MacLoskie

Howell, Chief Judge:

United States Fire Insurance Company (United) filed this declaratory judgment action, which arose out of a tragic one-car accident which killed both occupants. The passenger’s estate filed a wrongful death claim against both the driver’s estate and his employer. Pending that suit, the employer’s liability carrier, United, brought the present action, seeking a judicial determination of: (1) whether the driver was a covered insured under the policy; and (2) whether the carrier was obligated to defend the driver’s estate in the wrongful death suit. From an unfavorable…