Wehland v. Nationwide Mutual Insurance

FRANK A. KAUFMAN, District Judge.

Plaintiff, Wehland, a minor, by his father and next friend, suing for his own use and for the use of Harleysville Mutual Insurance Company (Harleysville), seeks damages from defendant, Nationwide Mutual Insurance Company (Nationwide), alleging that Harleysville discharged to certain third parties a liability of Wehland, which should have been paid by Nationwide. The facts in this case, in which diversity jurisdiction exists,1 are not in dispute. Accordingly, the parties have filed cross-motions for summary judgment.

On July 21, 1969, Nationwide issued its…