Transamerica Insurance v. Norfolk & Dedham Mutual Fire Insurance

In this suit in equity for declaratory relief, the defendant Norfolk and Dedham Mutual Fire Insurance Company (Norfolk) appeals from a final decree, declaring that the plaintiff Peirce is an “insured” under the noncompulsory coverage B of the defendant Wheatley’s Massachusetts motor vehicle policy with Norfolk, and further declaring that a similar policy issued by the plaintiff Transamerica Insurance Company (Transamerica) to Peirce provided “excess” coverage and was thus .secondary to Norfolk’s “primary” coverage.

The pertinent facts as agreed to and found by the judge are as follows. On June…