Crowley's Milk Co., Inc. v. American Mutual Liability Insurance Company

BONSAL, District Judge:

Plaintiff Crowley’s Milk Co., Inc., brought this action for a declaratory judgment that it is an unnamed insured under an insurance policy issued by defendant American Mutual Liability Insurance Company to the Samuel Products Corp. (“Samuel”). Judge Dooling held that plaintiff was an unnamed insured under the policy, that defendant was the primary insurer, and that plaintiff’s own insurer, the Insurance Company of North America (“INA”), was liable only for excess coverage. Defendant appeals.

The facts are not in dispute. On May 25,1963, plaintiff’s employees at its plant…