Mrs. Constance A. Fenasci, Cross Employers National Insurance Co., Intervenor-Appellee Cross v. Travelers Insurance Company, Cross

This action arose out of an automobile accident in which three employees of Fischbach and Moore, Incorporated (F & M), Thomas J. Fenasci, John A. Bannon and Donald Eugene Cook, riding in a pick-up truck owned by F & M, were killed on their way to work in a collision between the truck and a vehicle operated by Preston A. Julien. Their survivors (Fenasci et al.) brought this diversity action in Federal District Court against Travelers Insurance Company (Travelers) which insured F & M. 1

The jury found that the sole and proximate cause of the accident was the negligence of Preston A. Julien, who…