New York Underwriters Insurance v. Union Construction Co.

SETH, Circuit Judge.

This is a declaratory judgment action brought by New York Underwriters Insurance Company to have determined whether it was required, under a policy of insurance it had issued, under Kansas law to defend a suit brought in the Kansas State court against some of the defendants herein. The trial court' decided that plaintiff had a duty to defend, and this appeal was taken.

The State court suit arose from a railroad crossing accident wherein the railroad as plaintiff alleged that it incurred property damage in the approximate amount of $280,000.00. The railroad company, St.…