State Farm Mutual Automobile Insurance Co. v. Mid-Continent Casualty Co. of Tulsa

BRADY, Commissioner.

Mr. and Mrs. Gazzolo brought an action for wrongful death of their minor child against John E. Shepard, Jr. and Robert G. Schlottach. Shepard and his insurance company, State Farm Mutual Automobile Insurance Company, hereinafter referred to as State Farm, then brought this action against Mid-Continent Casualty Company of Tulsa, Oklahoma, hereinafter called Mid-Continent, requesting that the trial court construe the provisions of the two policies of insurance to determine which policy provided “excess” and which provided “primary” coverage. The trial court held that State…