Thill Candy Co. v. Farm Bureau Mutual Automobile Insurance

STEEL, District Judge.

The questions for decision are whether the “indemnification” and “defense” clauses of the “Standard Workmen’s Compensation and Employers’ Liability Policy”, which defendant issued to plaintiff, obligated defendant (1) to indemnify plaintiff against a judgment suffered in an action brought against plaintiff by one of plaintiff’s employees, and (2) to defend the employee’s action on plaintiff’s behalf. Plaintiff seeks a declaratory judgment under 28 U.S.C. § 2201 to resolve an actual controversy between the parties concerning the responsibilities of defendant to plaintiff…