Nowak v. Transport Indemnity Co.

Transport Indemnity Company (Transport) appeals from an order of the trial court entered in accordance with its declaratory judgment dismissing American Interstate Insurance Company (All) as a codefendant in this pending tort action. Transport seeks reinstatement of All as a defendant and a declara*637tion that All is the primary insurance carrier. Based on the parties’ agreed statement in lieu of record, we hold that the trial court erred in dismissing All. Additionally, we hold All to be the primary insurance carrier in this action.

Plaintiff Nowak’s cause of action arises from injuries he…