Associated Petroleum Carriers, Inc. v. Pan American Fire & Casualty Co.

Hall, Judge.

While the briefs of both insurers go to great lengths in arguing the question as to whose negligence was the proximate cause of the losses, this issue is not ripe for adjudication. Declaratory judgments as to different insurers “should deal only with questions of policy coverage . . . and not the liability of the insured to the injured party. Nor should a declaratory judgment be permitted where it will not dispose of the controversy, but only result in beclouding it.” 20 Appleman, Insurance Law and Practice, 121, § 11335.

The question is who should defend these lawsuits against…