Travelers Indemnity Co. v. State Farm Mutual Automobile Insurance

DEVITT, Chief Judge.

Plaintiff seeks a declaratory judgment under 28 U.S.C. § 2201 (1952) as amended, and asks us to determine that defendant is primarily liable to an insured who is dually covered by automobile liability policies of both the plaintiff and of the defendant. The defendant answers that it is not liable because of a household exclusion clause in its policy, and has made a third party complaint against the insured for a declaratory judgment to the same effect.

The facts have been agreed upon. Reverend Vernon Stagner was required to do extensive traveling as the Secretary-Director…