Allstate Insurance Co. v. Hartford Accident & Indemnity Co.

STONE, Judge.

The purpose of this declaratory judgment action is to determine which of the two parties litigant, i. e., plaintiff Allstate Insurance Company or defendant Hartford Accident and Indemnity Company, is the primary insurer of Gordon Humphrey with respect to the claims and litigation resulting from a major three-vehicle accident on U.S. Highway 61 near New Madrid, Missouri, “after dark” on the evening of Saturday, September 6, 1969. From the judgment and decree of the circuit court casting defendant Hartford in the role of primary insurer, it appeals.

One of the vehicles involved in…