Nationwide Mutual Insurance v. United States Fidelity & Guaranty Co.

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

This action was originally a declaratory judgment action which came before the Court on the parties’ cross-motions for summary judgment. The parties now agree that in the event that the plaintiff, Nationwide Mutual Insurance Company (Nationwide), is entitled to summary judgment, that judgment may be entered in the amount of $175,531.66, the amount of benefits paid by Nationwide as a result of an accident involving a minor, Robert Treegoob, now deceased, which occurred on May 21, 1976. Nationwide asks this Court to determine that the defendant,…