Liberty Mutual Insurance v. Byerly

DECISION

MYRON L. GORDON, District Judge.

The plaintiff, Liberty Mutual, has commenced this action against Ann Byerly, executrix of the estate of Oliver M. Byerly, individually, and d/b/a Economy Products Corporation, and others, for indemnification arising out of a 1965 California state court judgment obtained in an action between Orville Marshall, plaintiff, and Weaver Manufacturing Company, defendant. Jurisdiction is founded upon diversity of citizenship.

Liberty Mutual was Weaver’s liability insurance carrier, and, as a result of the adverse California judgment, was required to pay…